Macaulay Company Ltd v Wyse-Power
| Jurisdiction | Ireland |
| Judgment Date | 01 January 1943 |
| Date | 01 January 1943 |
| Court | High Court |
(H.C.),
Macaulay & Co., Ltd.
and
Wyse-Power
Privilege - Malice - Plea of slander by Circuit Judge - Party impugned from Bench on judgment in action - Reasonable cause of action - Action not frivolous or vexatious - Immunity of Judge from action - No defence filed -Motion by defendant to dismiss - Action dismissed.
On a motion by the defendant, a Circuit Court Judge sued for damages for slander (no defence being filed) that the action be dismissed on the grounds that the statement of claim disclosed no cause of action, and that the action was not maintainable in law, and was vexatious, and an abuse of the process of the Court, the Court, while not holding that the action was frivolous or vexatious...
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27 cases
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Desmond v Riordan
...DENIS DESMOND AND M.C.D.MANAGEMENT SERVICES LIMITED PLAINTIFFS AND CORNELIUS RIORDAN DEFENDANT Citations: MACAULEY & CO LTD V WYSE POWER 1943 77 ILTR 61 SIRROS V MOORE 1975 QB 118 CORONERS ACT 1962 S30 JERVIS ON CORONERS 10ED 37 GARNETT V FERRAND 1827 6 B & C 611 FOXALL V BARNETT 1853 2 ......
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Beades v Ireland
...as part of the law in this jurisdiction by Morris P in Desmond v Riordan [2001] 1 I.R. 505 (see also Macauley & Co. Ltd v Wyse-Power (1943) 77 I.L.T.R. 61). [22] Since judicial immunity from suit is thus set in stone, it follows that vicarious liability of the government in general and a ......
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Kemmy v Ireland
...2 IR 56; Desmond v Riordan [2000] 1 IR 505; Beatty v Rent Tribunal [2005] IESC 66, [2006] 2 IR 191; Macaulay & Co Ltd v Wyse-Power (1943) 77 ILTR 61; Flynn v Minister for Justice (Unrep, Ó Caoimh J, 30/4/2003); Hinds v Liverpool County Court [2008] FLR 63; Independent Publishing Company ......
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Attorney General v Hamilton
...[1992] 2 I.R. 542; [1992] I.L.R.M. 145. McLoughlin v. Minister for Social Welfare [1958] I.R. 1. Macauley & Co. Ltd. v. Wyse-Power (1943) 77 I.L.T.R. 61. Murphy v. Dublin Corporation [1972] I.R. 215; (1972) 107 I.L.T.R. 65. In re Offences Against the State (Amendment) Bill, 1940 [1940] I.R.......
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1 books & journal articles
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Recent developments in the law of torts
...law freed of the concern that he will be made answerable for his actions.4540 High Court, unreported, Ó Caoimh J., 30 April 2003. 41 (1943) 77 I.L.T.R. 61 42 [1918] 1 I.R. 245 (Ch.D.). 43 High Court, unreported, Ó Caoimh J., 30 April 2003, at p. 7 of the unreported judgment. 44 High Court, ......