Kinsella v Byrne
| Jurisdiction | Ireland |
| Court | Supreme Court |
| Judgment Date | 21 February 1941 |
| Date | 21 February 1941 |
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.
Application under par. (b) of sub-s. 1 of s. 2 of Act of 1923 - Standard rent "pending...
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Raymond Sweeney & Bus Atha Cliath
...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......
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Trevor Webster v Commissioner of an Garda Síochána and Others
... ... 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 ... ...
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Raymond Sweeney & Bus Atha Cliath
...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......