Moyne v The Londonderry Port and Harbour Commissioners
| Jurisdiction | Ireland |
| Judgment Date | 06 June 1986 |
| Date | 06 June 1986 |
| Docket Number | [1982 No. 5956P] |
| Court | High Court |
Construction - Statutory duty - Harbour Commissioners - Pier vested in Commissioners - Powers - Duty to maintain pier - Power to make bye-laws - Power to appoint officer - Restriction on user of pier -Whether harbour master empowered to restrict user permanently - Whether Commissioners in breach of statutory duty - Locus standi -Whether plaintiffs members of class specifically benefited by statutes - Action for damages -Pecuniary loss - Harbours, Docks and Piers Clauses Act, 1847 (c. 127) - Londonderry Port and Harbour Acts, 1854 (c. 177), 1874 (c. 144) and 1882 (c. 162). Constitution - Personal rights - Right to earn a livelihood - Breach of statutory duty -Whether amounts to breach of constitutional rights - Constitution of Ireland, 1937, Art.40.3.1.
The Harbours, Docks and Piers Clauses Act, 1847, regulates the establishment and management of harbour commissioners generally and defines their powers and duties. Section 33 provides that the public, subject to defined conditions, shall have access to docks and...
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Sharda Sobhy v The Chief Appeals Officer, Minster for Employment Affairs and Social Protection, Ireland and The Attorney General
...into the Act of 2005 a requirement that the contract be “legal”. It is argued by the appellants that the decision in Moyne v. Londonderry Port and Harbour Commissioners [1986] I.R. 299 was an example of a court finding by implication that a power carried a corresponding duty, an uncontrove......
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Atlantic Marine Supplies Ltd v Minister for Transport
...by the legislature that an aggrieved plaintiff would be entitled to damages. Moyne v. Londonderry Port and Harbour Commissioners [1986] I.R. 299 and Sweeney v. Duggan[1991] 2 I.R. 274 considered. 2. That the only statutory obligation on the first defendant was to preclude the licensing of a......
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Muldoon v The Minister for the Environment and Local Government
...The right is not an unqualified right to any particular livelihood. 182 . In Moyne v. Londonderry Port & Harbour Commissioners [1986] IR 299 at pp. 316–7 Costello J. considered whether the infliction of a pecuniary loss established that an infringement of the right to earn a livelihood had ......
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Muldoon and Others v Minister for the Environment & Local Government and Others
...at para. 6.3: "In relation to statutory duty it is clear from cases such as Moyne v. The Londonderry Port and Harbour Commissioners [1986] I.R. 299 and Sweeney v. Duggan [1991] 2 I.R. 274, that the question of whether a plaintiff is entitled to claim damages for breach of statutory duty m......