Kinsella v Byrne

JurisdictionIreland
Judgment Date21 February 1941
Date21 February 1941
CourtSupreme Court
(Cir. Ct.),
Kinsella
and
Byrne

Claim for overpayments - "Any claim" - Jurisdiction of Circuit Court under s. 18 (1) of Rent Restrictions Act, 1923 - Estoppel Consent to settlement of previous ejectment action - Practice - Making consent a rule of Court - Effect Compromise of action - Enforcement.

In a claim for rent overpaid under the Increase of Rent and Mortgage Interest (Restrictions) Act, 1923 (No. 19 of 1923), a consent to a settlement of a previous action between the parties for ejectment for non-payment of rent, which had been made a Rule of the High Court, was pleaded as an estoppel. Held, that the consent which had been made a Rule of the High Court was only an agreement to stay the proceedings, and was not a judgment of the High Court which would create an estoppel by record. Held also, the jurisdiction of the Circuit Court in proceedings under s. 18 (1) of the Increase of Rent and Mortgage Interest (Restrictions) Act, 1923, was not limited to £300.

(S.C.),
Kinsella
and
Byrne

Application under par. (b) of sub-s. 1 of s. 2 of Act of 1923 - Standard rent "pending such application" - Lease of plot of ground for 999 years - Dwelling-house subsequently erected - Lessee in occupation on 3rd August, 1914 - Whether rent reserved by lease the standard rent "pending such application"- Estoppel - Arrears of rent - Proceedings for ejectment stayed on consent which was made rule of Court - Consent providing for payment ofagreed arrears of rent - Whether, in claim under Rent Restriction Acts, tenant estopped from denying that rent was due - Increase of Rent and Mortgage Interest (Restrictions) Act, 1923 (No. 19 of 1923), s. 1, par. (a); s. 2, sub-s. 1, par. (b).

Plaintiff, who held from the defendant a dwelling-house at the yearly rent of £104, under an Agreement made in 1933, issued a Civil Bill claiming an amount of rent alleged to have been paid in excess of the permitted rent, as determined in accordance with the provisions of the Increase of Rent and Mortgage Interest (Restrictions) Acts, 1923-1930. The defendant was the successor in title of the lessee under a lease made in 1901, whereby a plot of ground was demised for the term of 999 years at the yearly rent of £4 4s. 0d., and the dwelling-house had been subsequently erected on the plot pursuant to a covenant contained in the lease. On the 3rd August, 1914, the lessee for the time being was in occupation of the dwelling-house. Prior to the issue of the plaintiff's Civil Bill the...

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4 cases
  • Tom O'Driscoll v Seamus Dunne and Others
    • Ireland
    • High Court
    • 11 Febrero 2015
    ...as an estoppel since there is an absence of an adjudication of the court upon the issues raised by the parties. See Kinsella v. Byrne [1940] 74 ILTR 157 and Kinsella v. Connor [1942] 76 ILTR 141. The order of the court determining an action but without proceeding to the merits will not cons......
  • Trevor Webster v Commissioner of an Garda Síochána and Others
    • Ireland
    • High Court
    • 10 Octubre 2013
    ......32 - 22: "However it is important to note that, as emphasised by Davitt J. in Kinsella v. Byrne [(1940 74 ILRT 157], a consent can only give rise to an estoppel where it has resulted in a judgment by the court. This is because it is ......
  • Raymond Sweeney & Bus Atha Cliath
    • Ireland
    • High Court
    • 30 Enero 2004
    ...RAYMOND SWEENEY PLAINTIFF AND BUS ÁTHA CLIATH/DUBLIN BUS AND PAUL FLYNN AND NICHOLAS SWEENEY DEFENDANTS Citations: KINSELLA V BYRNE 1940 74 ILTR 157 O'GRADY V LAOIS CO COUNCIL UNREP SUPREME 18.5.1998 1998/28/11386 MCCAULEY V MCDERMOT 1997 2 ILRM 486 LAWLESS V BUS EIREANN 1994 1 IR 474 CA......
  • Raymond Sweeney & Bus Atha Cliath
    • Ireland
    • Supreme Court
    • 15 Junio 2004
    ...they had been settled. Reporter: P.C. Citations: O'GRADY V LAOIS CO COUNCIL UNREP SUPREME 18.5.1998 1998/28/11386 KINSELLA V BYRNE 1940 74 ILTR 157 1 15th day of June 2004, by Keane Keane C.J. 2 This is an appeal from a judgment and order of the High Court (Mr. Justice O'Neill) and it arise......

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