Fitzgerald v Corcoran

• Jurisdiction: Ireland
• Judge: FINLAY C.J.
• Judgment Date: 20 February 1991
• Neutral Citation: 1991 WJSC-SC 479
• Court: Supreme Court
• Date: 20 February 1991

1991 WJSC-SC 479

THE SUPREME COURT

Finlay C.J.

Griffin J.

O'Flaherty J.

43/90

FITZGERALD & ORS v. CORCORAN

FITZGERALD & ORS. (TRUSTEES OF CASTLEKNOCK TENNISCLUB)

v.

CORCORAN

Citations:

COURTS OF JUSTICE ACT 1936

LANDLORD & TENANT (AMDT) ACT 1971

LANDLORD & TENANT (GROUND RENTS) ACT 1967 S4

LANDLORD & TENANT (GROUND RENTS) ACT 1978 S14

CORR V IVERS 1949 IR 245

LANDLORD & TENANT (GROUND RENTS) ACT 1978 S14(1)

LANDLORD & TENANT (GROUND RENTS) ACT 1978 S14(2)

LANDLORD & TENANT (GROUND RENTS) 1978 S1(2)

Synopsis:

LANDLORD AND TENANT

Lease

Estate - Enfranchisement - Fee simple - Acquisition - Statutory right - Sporting lease - Notice of intention to claim purchase of fee simple - Contents - Notice specifying entire of demised land - Claim applicable to part only of such land - Partly-build lease - Vacant lease - Division - Statute - Interpretation - Landlord and Tenant (Ground Rents) Act, 1967, s. 4 - Landlord and Tenant (Amendment) Act, 1971, s. 2 - Landlord and Tenant (Ground Rents) (No. 2) Act, 1978, s. 14 - (43/90 - Supreme Court - 20/2/91)

|Fitzgerald v. Corcoran|

WORDS AND PHRASES

"Subsidiary and ancillary"

Leasehold - Enfranchisement - Partly-built lease - Vacant lease - Division - Lessee - Acquisition of fee simple - (43/90 - Supreme Court - 20/2/91) - [1991] ILRM 545

|Fitzgerald v. Corcoran|

REAL PROPERTY

Leasehold

Enfranchisement - Lessee - Fee simple - Acquisition - Statutory right - Partly-built lease - Vacant lease - Division - (43/90 - Supreme Court - 20/2/91) - [1991] ILRM 545

|Fitzgerald v. Corcoran|

WORDS AND PHRASES

"Vacant lease"

Leasehold - Enfranchisement - Partly-built lease - Vacant lease - Division - Lessee - Acquisition of fee simple - Statutory right - (43/90 - Supreme Court - 20/2/91)

|Fitzgerald v. Corcoran|

1 JUDGMENT delivered on the 20th day of February 1991by FINLAY C.J. [Nem Diss]

2 This is a consultative case stated, pursuant to the provisions of the Courts of Justice Act 1936, by Lardner J., arising from the hearing of an appeal from the Circuit Court to the High Court which is pending before him. The Trustees of the Castleknock Tennis Club hold certain premises under lease for a term of ninety-nine years from the 12th October 1973, being a sporting lease within the meaning of the Landlord and Tenant (Amendment) Act 1971, granted to them by the landlord, John Corcoran, by virtue of an order of theHigh Court. They initiated an application to enlarge their interest in that property to a fee simple by service of a notice, pursuant to Section 4 of the Landlord and Tenant (Ground Rents) Act 1967.This application was allowed by the County Registrar, but on appeal to the Circuit Court, was refused by the Circuit Court. Against that refusal the Trustees appealed to the High Court, and the hearing came on before Lardner J.

3 In the course of the case stated, Lardner J. held that the words "permanent buildings" in the Act could not be construed as including a hard tennis court which was part of the premises, and a car park, and held that the tennis courts excepting therefrom the septic tank and soakaway, are neither subsidiary nor ancillary to the club house and that the reverse seems to be more nearly the case.

4 He, therefore, rejected the application of the Trustees to be entitled to acquire a fee simple interest in the entire of the leased premises. He raised,however, two questions for the opinion of this Court, which are asfollows:

5 2 "1. Is the Tennis Club entitled in these proceedings to make a claim to a right to enlarge its interest into a fee simple in part only of the demised premises notwithstanding that the Notice served under Section...