Listowel Urban District Council v McDonagh

JurisdictionIreland
CourtSupreme Court
Judgment Date18 December 1968
Date18 December 1968
(S.C.)
Listowel Urban District Council
and
McDonagh

Contravention of order - Whether defendant entitled to put in issue bona fides of sanitary authority -Local Government (Sanitary Services) Act, 1948, s. 31.

The defendant was convicted, in the District Court, of having contravened an order made by a sanitary authority in exercise of a power conferred by statute. He appealed to the Circuit Court where he sought an opportunity to question the bona fides of the sanitary authority in making the order. Held by the Supreme Court ( Ó Dálaigh C.J., Walsh and FitzGerald JJ.): 1. That the exercise of a discretionary statutory power, if effected in bad faith, can be condemned as invalid. Kruse v. JohnsonELR [1898] 2 Q.B. 91 and Smith v. East Elloe Rural District CouncilELR [1956] A.C. 736 considered. 2. That no consideration of inconvenience was involved and that there was no principle which would prevent the Circuit Court from deciding, as a...

To continue reading

Request your trial
14 cases
  • Treasury Holdings & Others v National Asset Management Agency & Others
    • Ireland
    • High Court
    • 22 March 2012
    ...Health Insurance Board [1992] 2 IR 319, O'Keeffe v An Bord Pleanála [1993] 1 IR 39, Listowel Urban District Council v McDonagh [1968] IR 312, Pine Valley Developments v Minister for the Environment [1987] IR 23, Broadnet Ltd v Director of Telecommunication Regulation [2003] 3 IR 281, Coun......
  • Blanchfield v Hartnett and Others
    • Ireland
    • Supreme Court
    • 16 May 2002
    ...LONDON BOROUGH COUNCIL V WINDER 1985 AC 461 KRUSE V JOHNSON 1898 2 QB 91 R V READING CROWN COURT 1988 QB 384 LISTOWEL UDC V MCDONAGH 1968 IR 312 SLATTERY'S LTD V COMMR OF VALUATION & DEVALLY UNREP SUPREME 13.7.2001 AG, PEOPLE V O'BRIEN 1965 IR 142 DPP, PEOPLE V LYNCH 1982 IR 64 PORTSM......
  • Mullally v The Labour Court
    • Ireland
    • Court of Appeal (Ireland)
    • 20 October 2016
    ...Institute of Technology [2011] IEHC 414, (Unreported, High Court, Hogan J., 26 July 2011). Listowel Urban District Council v. McDonagh [1968] I.R. 312. MacDonncha v. Minister for Education and Skills [2013] IEHC 226, (Unreported, High Court, Hogan J., 29 May 2013). Maguire v. Ardagh [2002] ......
  • The Director of Public Prosecutions (at the Suit of Garda Liam Varley) v Ciaran Davitt & The Attorney General
    • Ireland
    • Supreme Court
    • 14 July 2023
    ...the District Court is entitled to consider the validity of secondary legislation-see the decision of this Court in Listowel UDC v McDonagh 1968 IR 312, as well as the decision in Boddington v British Transport Police 1999 2 AC 143. This issue was not argued before us and therefore it would ......
  • Request a trial to view additional results
2 books & journal articles
  • Local Government in Ireland
    • European Union
    • Local government in the member states of the European Union: a comparative legal perspective
    • 1 January 2012
    ...[75] LGA, s.229. [76] LGA 2001, s.66 (4)(i). [77] [1956] A.C. 736 at 767. Approved by Ó Dálaigh CJ in Listowel v McDonagh [1968] I.R. 312 at [78] Haverty v An Bord Pleanála [1987] I.R. 485; [1988] I.L.R.M. 545. On EU law, see Abbeydrive Development Ltd v Kildare County Council [2010] IESC 8......
  • In the Irish Courts
    • United Kingdom
    • Journal of Criminal Law, The No. 35-1, January 1971
    • 1 January 1971
    ...or detentionwouldbe prejudicial to publichealth(etc.),InListotoel U.D.C. o, McDonagh (1968,I.R.312) a localauthorityhadmadesuchanorder,whichrecitedtheauthority's opinionthatanysucherection or detention would be prejudicial topublichealth.Thedefendant,havingbeenconvictedofretaining acaravanw......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT