Ingle v O'Brien
| Jurisdiction | Ireland |
| Court | High Court |
| Judgment Date | 01 January 1975 |
| Date | 01 January 1975 |
Taxi driver - Revocation of licence - Natural justice - Audi alteram partem - Revocation invalid - Road Traffic (Public Service Vehicles) Regulations, 1963 (S.I. No. 191), art. 36 - Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations, 1970 (S.I. No. 200), art. 2 - Constitution of Ireland, 1937, Article 40.
The prosecutor, a taxi driver, had been granted a licence to drive licensed public hire vehicles but the licence was revoked by the respondent, a superintendent of the Garda SÃochána, pursuant to article 36 of the Regulations of 1963. The respondent had been authorised in that behalf by the Commissioner of the Garda SÃochána pursuant to article 2 of the Regulations of 1970. The prosecutor was not given an opportunity to make representations against the proposed revocation of his licence. He did not appeal to the District Court pursuant to article 37 of the Regulations of 1963 but he obtained in the High Court a conditional order of certiorari to quash the revocation unless cause were shown to the contrary. The respondent showed cause and the prosecutor then applied for an order absolute notwithstanding the cause shown. Held by Pringle J., in making an...
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Moran v Attorney General
...case against the making of the revocation. East Donegal Co-Operative v. The Attorney GeneralIR [1970] I.R. 317 and Inglev. O'BrienDLTR, 109 I.L.T.R. 7 applied. 2. That the defect in the manner in which the power of revocation was exercised was not cured by the fact that, subsequently, the p......
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