Lewin v Minister for Finance

• Jurisdiction: Ireland
• Judgment Date: 20 July 1925
• Date: 20 July 1925
• Court: High Court (Irish Free State)

Lewin v. Minister for Finance.

In the Matter of an Application for Compensation for Criminal Injury to Property and of the Damage to Property (Compensation) Act, 1923; THOMAS LEWIN

Applicant

and

MINISTER for FINANCE, Respondent (1)

High Court.

Malicious injury - Buildings totally destroyed - Compensation - Principle of assessment - Market value - Special adaptability of lands - Absence of"reinstatement condition" - Destrucation of machinery - Assessment of compensation - Practice - Appeal from Circuit Court to High Court - Principles applicable to the hearing - Damage to Property (Compensation) Act, 1923 (No. 15 of 1923), sect. 6, sect. 10, sub-sects. 1, 5, 13, 14 -Courts of Justice Act, 1924 (No. 10 of 1924), sects. 61, 62.

The High Court, on hearing an appeal under sect. 61 of the Courts of Justice Act, 1924, from an award of compensation made by a Judge of the Circuit Court under the Damage to Property (Compensation) Act, 1923, should act on the principles applicable to an appeal from the decision of a Judge in an action tried without a jury.

The "market value" of a destroyed building (as defined by sect. 10, sub-sect. 13, of the Damage to Property (Compensation) Act, 1923) was assessed by the High Court (in default of evidence of an actual price paid recently for the premises) by estimating the net rent that a tenant would pay, and capitalising this amount at a number of years' purchase, having regard to the particular class of property, the district in which it was situated, and all the relevant considerations.

Compensation for a destroyed dwelling-house and out-offices, in respect of which no "reinstatement condition" had been attached by the Judge of the Circuit Court, was, on appeal, fixed by the High Court at the "market value"of the premises, being the maximum amount allowable by sect. 10, sub-sect. 5, of the Act.

Method of assessment of compensation for agricultural machinery maliciously destroyed considered.

Appeal from an award of the Judge of the Circuit Court for the Western District (Circuit No. 4).

The appeal was to two Judges of the High Court, pursuant to sect. 61 of the Courts of Justice Act, 1924 (No. 10 of 1924). Thomas Lewin, the applicant, claimed compensation under the Damage to Property (Compensation) Act, 1923 (No. 15 of 1923), for the burning of his mansion-house and out-offices, Castle-grove House, Co. Galway, also for the farm buildings and lodges, the household furniture, and agricultural and other machinery.

The applicant was owner in fee-simple of the mansion-house, which he occupied, and of 800 acres of land, which he farmed. He had saw-mills and valuable agricultural machinery on the lands. The house and out-offices were maliciously burned on the 26th July, 1922. The application for compensation was heard by Judge Wyse Power at Galway on 24th October, 1924, who awarded £12,985 in respect of the buildings, £10,000 in respect of the furniture, and £4,173 in respect of the agricultural machinery—in all, £27,158. The applicant did not apply to have a "reinstatement condition" attached to the decree under the provisions of sect. 10 of the Damage to Property (Compensation) Act, 1923. From the award of the Circuit Judge the Minister for Finance appealed.

Cur. adv vult.

Sullivan P. :—This case came...