Fitzgerald v Gowrie Park Utility Society Ltd
| Jurisdiction | Ireland |
| Judgment Date | 08 November 1966 |
| Date | 08 November 1966 |
| Court | Supreme 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...
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6 cases
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Smyth v Tunney
...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 ......
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O'Connor v Kelly O'Connor v Property Registration Authority of Ireland
...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......
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Bula Ltd ((in Receivership)) and Others v Tara Mines Ltd and Others
...- 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......
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Cabot Financial (Ireland) Ltd (Formerly ACC Bank Plc) v Joyce and Others
...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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