Givens v Minister for Finance

• Jurisdiction: Ireland
• Judgment Date: 11 April 1935
• Date: 11 April 1935
• Court: High Court (Irish Free State)

High Court.

Givens v. Minister for Finance

ELIZABETH GIVENS

Applicant

and

MINISTER FOR FINANCE, Respondent (1)

Criminal injuries - Damage to Property (Compensation) (Amendment) Act,1933 (No. 35 of 1933), sect. 3 - Application for compensation - Application made after prescribed time - Jurisdiction of the Circuit Court Judge to extend time - Effect of incorporation of sect. 21 of the Damage to Property (Compensation) Act, 1923 (No. 15 of 1923).

Appeal from the Circuit Court.

Elizabeth Givens applied to the Circuit Court Judge (Judge Sealy) at the Tipperary Circuit Court under the Damage to Property (Compensation) (Amendment) Act, 1933 (No. 35 of 1933), for compensation under the Criminal Injuries Acts in respect of an injury to property at Woodville, Aherlow, in the County of Tipperary.

By the Damage to Property (Notice of Application) Regulations, 1933 (Stat. R. and Or., 1933, No. 172), made by the Minister for Finance under sect. 3, sub-sect. 2, of the Damage to Property (Compensation) (Amendment) Act, 1933, and dated the 16th day of December, 1933, it is provided (r. 3):—"Every person who applies under the Damage to Property (Compensation) (Amendment) Act, 1933 (No. 35 of 1933), for compensation under the Criminal Injuries Acts in respect of any injury to property, any injurious act, or any direct loss or damage to which the said Act applies, shall serve a notice in the form set out in the Schedule to these Regulations." Rule 4 provides that the original of the said notice shall be lodged with or sent by registered post to the County Registrar of the county, county borough, or other area in which the application for compensation is intended to be made, and Rule 5 requires that one copy of the original of the said notice be served on, or sent by registered post to (a) the Minister for Finance, and (b) when the application is intended to be made in the county or the county borough of Dublin, on the Chief State Solicitor, and, when the application is intended to be made in any place other than the county or county borough of Dublin, on the State Solicitor for the county,

county borough, or other area in which the application is intended to be made.

One of these Forms of Notice was filled up by the said Elizabeth Givens, declaring that on or about the — day of April, 1920, at — in the County of Tipperary, the property of which details were set out in the First Schedule thereto was damaged and taken away; and that the details given in columns (1), (2), (3) and (4) of the said Schedule were correct, and that "in consequence of such damage and taking away, application is hereby made for the amount specified in column (5) of the said Schedule; and that the further particulars in regard to this application set out in the Second Schedule hereto are correct; and that the application is made by me as owner, and that no person is interested in the said property except me, and that the said property was not at the time of damage and taking away insured by me or any other person except as set out in paragraph (2) of the Second Schedule hereto." This declaration was made and subscribed the 29th day of March, 1934, at Tipperary by the said Elizabeth Givens. It was served on the 30th day of March, 1934. The Form stated: "The application must be made on or before the 31st day of March, 1934." No question arose as to the service of this notice, it being served within the prescribed time.

"The Rules of procedure as to compensation for injuries to property under the Criminal Injuries Acts and the Damage to Property (Compensation) (Amendment) Act, 1933," made by the Minister of Justice, and dated the 14th day of November, 1933, provided as follows:—

"Rule 1.—All applications under the Act of 1933 shall be heard at the ordinary sittings of the Court for each Circuit, and shall be made to a Judge for the time being assigned to the Circuit in which the injury to property, the injurious act, or the direct loss or damage occurred.

Rule 2.—The time for lodging applications for compensation under the Criminal Injuries Acts in respect of an injury to which the Act of 1933 applies is extended for three months after these Rules of Court come into operation (1).

Rule 3.—If, on the hearing of any application under the Criminal Injuries Acts for compensation in respect of an injury to which the Act of 1933 applies, the Judge is...