Flannery v Dean

• Jurisdiction: Ireland
• Judge: MR JUSTICE DECLAN COSTELLO,
• Judgment Date: 02 February 1995
• Neutral Citation: 1995 WJSC-HC 688
• Court: High Court
• Date: 02 February 1995

1995 WJSC-HC 688

THE HIGH COURT

No.7214P/1994

FLANNERY v. DEAN

BETWEEN

SHEILA FLANNERY

Plaintiff

AND

MARGO FORBES DEAN, I.S.P.C.A. AND MEATH BRANCH I.S.P.C.A.

Defendants

Citations:

BELL, MODERN LAW OF PERSONAL PROPERTY 91

TAPPENTEN V ARTUS 1963 3 AER 213, 1964 2 QB 185

Synopsis:

ANIMALS

Welfare

Condition - Distress - Remedy - Bailee - Horses - Possession - Transfer - Authority - Absence - Third party without right to possession - Owners's horses delivered to bailee - Owner to provide feed - Horses in poor condition - Animals delivered by bailee to representative of animal society - Owner's claim to possession contested by society - Order directed return of animals to owner - (1994/7214 P - Costello P. - 2/2/95) 1995 2 ILRM 393

|Flannery v. Dean|

CONTRACT

Bailment

Bailee - Goods - Possession - Transfer - Authority - Absence - Third party without right to possession - Owners's horses delivered to bailee - Owner to provide feed - Horses in poor condition - Animals delivered by bailee to representative of animal society - Owner's claim to possession contested by society - Order directed return of animals to owner - (1994/7214 P - Costello P. - 2/2/95) - [1995] 2 ILRM 393

|Flannery v. Dean|

TRANSCRIPT OF JUDGMENT

1 DELIVERED BY THE PRESIDENT OF THE HIGH COURT, THE HONOURABLE MR JUSTICE DECLAN COSTELLO, ON 2ND FEBRUARY 1995

2 These proceedings arose out of the fact that the plaintiff (Mrs Sheila Flannery) suffered what was clearly a financial disaster in December 1993. Her lands at Dunboyne were sold and she found herself with no accommodation for her horses, for which she claims a strong fondness.

3 Arising from what was a critical situation, the plaintiff endeavoured to make arrangements for the maintenance of her horses and to this end she contacted Ms Carol Benson, with whom she was acquainted. Ms Benson was the licensee at Killeen Castle, County Meath, where she carried on a riding establishment and where there were stables and fields, and an agreement was reached between the plaintiff and Ms Benson by which Ms Benson took care of some of the plaintiff's horses.

4 There is confusion in this case as to the exact number of horses that were given to Ms Benson but I do not think that it is necessary to elucidate this point because it is agreed that initially either 20 or 21 horses arrived at Killeen Castle and that a further horse subsequently arrived there. There is obviously a very serious dispute in relation to what happened to the other four horses. There is evidence that a Mr Byrne took away a horse because he had not, he claimed, been paid by the plaintiff and was using this method to obtain payment. But these are matters which do not concern this case and I have deliberately refused to allow evidence to be given in relation to them.

5 There is also a dispute between Ms Benson and the plaintiff as to the terms of their agreement. As to the facts and recollections of what occurred in relation to this dispute, I do not think that the plaintiff is a reliable witness and I prefer Ms Benson's evidence to that of the plaintiff. I think that the plaintiff's memory is very distorted as a result of the traumatic experience of her financial disaster. The agreement with Ms Benson was to the effect that 13 horses were to be on grass and that 7 were to be on full livery, the plaintiff agreeing to provide feeding and hay and to pay for their accommodation.

6 What happened thereafter is a matter of very serious dispute. On 25th February 1994 the gardai came out to Killeen Castle with Mrs Dean and a veterinary surgeon, and I am quite satisfied that the horses were in a very bad condition on that date. There was a dispute as to who was to blame for the very poor condition of the horses but I am quite satisfied that the fault did not lie with Ms Benson. The recollection of Mrs Dean in relation to this dispute is also not accurate because it is quite clear that it was she who contacted the gardai. The evidence which I heard today indicates that Garda Fitzgerald was contacted by Mrs Dean and that he then went out to Killeen Castle as a result of what Mrs Dean told him. At that time there were 16 horses at Killeen Castle. I accept Mrs Dean's evidence as to what happened on this occasion and I accept the evidence of the witnesses called on behalf of Mrs Dean and the Meath Society as to the condition of the horses.

7 The issue in this case is whether Mrs Dean was entitled to remove the horses from Killeen Castle. Before returning to that issue I should refer to the fact that District Justice Brophy, who was contacted about the situation that had arisen, played a very important role in trying to deal with it in a sensible and informal way by seeing the plaintiff and Mrs Dean, and it is greatly to be regretted that his advice was not taken. On 25th February 1994 Mrs Dean wrote to District Justice Brophy and stated:

"I have today seen 16 large TB X brood mares, most heavy in foal. They are confined on mud only, absolutely no grazing whatever."

"There is a civil case to answer. My only brief is the welfare of the animals. The Vet, Brendan Barry, M.V.B., M.R.C.V.S., of Drogheda, has said our Society must take these animals into immediate care or they will not survive. One at least may already be in a terminal state."

"I will arrange lairage, feeding and insurance etc. for the guards pending this case."

8 According to that letter what Mrs Dean was doing was arranging to look after the animals for the gardai pending the hearing of the case. The gardai brought a prosecution against the plaintiff and on 27th April 1994 the case against her was dismissed. The situation at that time was that some of the mares had already foaled. The position is that Mrs Dean and the Meath Society now have 15 horses and 3 foals belonging to the plaintiff. I am quite satisfied that the death of one of the horses and of three of the foals was not the responsibility of these defendants. However, this case does not end there.

9 Following the District Court proceedings the plaintiff was in negotiation with a Mr Beatty of Dunlavin. Mr Beatty did not know the plaintiff but had obliged her on the basis that she was in urgent need of a place for some of her horses. On 2nd April 1994 the plaintiff left 7 yearlings with Mr Beatty which were to be collected by the plaintiff to be put out on grass within a few weeks but they were left with Mr Beatty without payment and he found himself with 7 yearlings in a most unsuitable place. As a result of contacts that were made, Mr Beatty saw Mrs Dean and wrote to her at her request indicating that he was surrendering these seven animals in good condition to the Wicklow Branch of the I.S.P.C.A. and that the money which was owed to him by the plaintiff for looking after the animals had been paid in full by the Society. Mr Beatty was very worried about the legal right of giving the horses to the Society and he asked that they get legal advice or the matter. When the Society came...