Irish Dunlop Company Ltd v Ralph

JurisdictionIreland
CourtSupreme Court
Judgment Date01 January 1961
Date01 January 1961
(S.C.)
Irish Dunlop Co. Ltd
and
Ralph

Claim for moneys received by lessor to lessee's use - Alleged agreement prior to lease that lessor be entitled to retain portion of moneys - Rectification of lease set up as defence - Counter-claim for breach of covenant to repair - Prima facie answer to claim - Adjournment for plenary hearing - Rules of the HighCourt and Supreme Court, 1926, O. 15, r. 5.

The plaintiffs, who were lessees of newly erected factory premises from the defendant, by summary summons claimed a liquidated sum alleged to have been paid to the defendant to be applied in discharge of the rates which were due in respect of the premises, as money had and received by the defendant for, to the use of, and on account of the plaintiffs. It was admitted that, by virtue of the provisions of s. 4 of the Local Government (Temporary Reduction of Valuation) Act, 1954, the valuation of the premises must be deemed to be reduced for rating purposes so as to make portion only of the sum which had been paid in fact due in respect of rates, and that no rates had in fact been paid by the defendant, but it was contended by the defendant (a) that the real agreement between the parties was that the defendant should be given the benefit of the remission of rates, and (b) that the defendant was entitled to damages on a counterclaim for breach of covenant to repair in the lease in a...

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21 cases
  • BPI Telecom Ltd v Nokia (Ireland) Ltd
    • Ireland
    • High Court
    • 20 December 2012
    ...the bona fides of the defendant or to doubt whether the defendant has a genuine cause of action (see Irish Dunlop Co. Ltd. v. Ralph (1958) 95 I.L.T.R. 70). In my view the test to be applied is that laid down in Banque de Paris v. de Naray [1984] 1 Lloyd's Law Rep. 21, which was referred to ......
  • National Asset Loan Management Ltd v Henry A. Crosbie
    • Ireland
    • High Court
    • 18 June 2014
    ...the bona fides of the defendant or to doubt whether the defendant has a genuine cause of action (see Irish Dunlop Co. Ltd. v Ralph (1958) 95 I.L.T.R. 70)." 11 In considering the Anglin test in Aer Rianta cpt v Ryanair Ltd [2001] 4 IR 607, McGuinness J. pointed out that it is not for th......
  • Allied Irish Bank Plc v Smith
    • Ireland
    • High Court
    • 5 October 2012
    ...- Aer Rianta cpt v Ryanair Ltd [2001] 4 IR 607; First National Commercial Bank v Anglin [1996] 1 IR 75; Irish Dunlop Co Ltd v Ralph (1958) 95 ILTR 70; Banque de Paris v de Nara y [1984] 1 Lloyd's Rep 21; National Westminster Bank v Daniel [1993] 1 WLR 1453 and Harrisrange Ltd v Duncan [20......
  • Irish Life and Permanent Plc v Ronald Hudson and Miriam Hudson
    • Ireland
    • High Court
    • 13 January 2012
    ...- Aer Rianta cpt v Ryanair Ltd [2001] 4 IR 607; First National Commercial Bank v Anglin [1996] 1 IR 75; Irish Dunlop Co Ltd v Ralph (1958) 95 ILTR 70; Banque de Paris v de Nara y [1984] 1 Lloyd's Rep 21; National Westminster Bank v Daniel [1993] 1 WLR 1453 and Harrisrange Ltd v Duncan [20......
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