Fitzgerald v Gowrie Park Utility Society Ltd

JurisdictionIreland
Judgment Date08 November 1966
Date08 November 1966
CourtSupreme Court
(S.C.)
Fitzgerald
and
Gowrie Park Utility Society Ltd

Assignment - Application by assignee for leave to issue execution -Order granting leave made by High Court - Discretionary order - Appeal against discretionary order - Rules of the Superior Courts, 1962, O. 42, r. 24.

On the 28th March, 1963, the plaintiff recovered judgment against the defendants in the Circuit Court in the sum of £182 10s.. 0d. and on the same day the Circuit Court, in separate ejectment proceedings, decreed that the defendants should recover possession of certain premises from the plaintiff, the defendants being awarded their costs of the ejectment proceedings. The defendants in a third action, in the High Court, had claimed from the plaintiff payment of the sum of £662 10s. 0d. as mesne profits for the plaintiff's use of the said premises. The applicant acted as the plaintiff's solicitor in all three actions. On the 25th July, 1963, the High Court (1) affirmed the order of the Circuit Court made in the ejectment proceedings. On the 21st October, 1963, the High Court affirmed the judgment of the Circuit Court for £182 10s. 0d. in favour of the plaintiff and on the same day the plaintiff assigned his judgment to the applicant in consideration of a release by the applicant of all his claims for costs. Notice of the said assignment was given to the defendants. The defendants did not seek to stay the execution of the plaintiff's judgment. The applicant applied, as such assignee, in the plaintiff's action to the High Court for leave to issue execution on foot of the judgment for £182 10s. 0d. The defendants costs of the ejectment proceedings had not been taxed and the defendants claim for mesne profits...

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6 cases
  • Smyth v Tunney
    • Ireland
    • Supreme Court
    • 21 April 2004
    ...L.O'S. Citations: RSC O.42 r24 RSC O.48 r23 COMMON LAW PROCEDURE (AMDT) ACT (IRL) 1853 S20 FITZGERALD V GOWRIE PARK UTILITIES SOCIETY LTD 1966 IR 662 STATUTE OF LIMITATIONS ACT 1957 S11(6) CROFTER PROPERTIES V GENPORT UNREP MCCRACKEN 2.5.2000 2001/15/4192 WHITE BOOK 1936 782 NATIONAL BANK ......
  • O'Connor v Kelly O'Connor v Property Registration Authority of Ireland
    • Ireland
    • Court of Appeal (Ireland)
    • 31 July 2019
    ...assigned. The matter was dealt with at some length in the judgment of the Supreme Court in Fitzgerald v. Gowrie Park Utility Society Ltd [1966] IR 662. 71 Further, in my view, the argument sought to be made in the present cases that Feniton did not obtain the benefit of the receivership by......
  • Bula Ltd ((in Receivership)) and Others v Tara Mines Ltd and Others
    • Ireland
    • High Court
    • 19 December 2008
    ...- Certificates of taxation - Delay jurisprudence - Smyth v Tunney [2004] 2 ILRM 537 and Fitzgerald v Gowrie Park Utilities Society Ltd [1966] IR 662 considered - Stephens v Paul Flynn Limited [2005] IEHC 148 (Unrep, Clarke J, 28/4/2005), Barry v Ireland (ECHR, 15/12/2005), McMullen v Irelan......
  • Cabot Financial (Ireland) Ltd (Formerly ACC Bank Plc) v Joyce and Others
    • Ireland
    • Court of Appeal (Ireland)
    • 15 November 2023
    ...judgments may be of relevance to the issue on this appeal. The first of these is Fitzgerald v. Gowrie Park Utilities Society Limited [1966] IR 662 which confirmed that an order to grant leave to execute under O.42, r.24 is a discretionary one. The significance attached by Geoghegan J. to th......
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