Prendergast v Porter

JurisdictionIreland
Judgment Date01 January 1961
Date01 January 1961
CourtHigh Court
(H.C.)
Prendergast
and
Porter

Preparation and signing of case by District Justice - Time within which to be prepared and signed - District Court Rules, 1955, r. 17.

Rule 17 of the District Court Rules, 1955, which provides, inter alia, for the preparation and signing of a case stated by a District Justice within six months from the date upon which it is applied for, provides a period after which either party may institute proceedings for an order of mandamus to compel the Justice to prepare and sign the case. So heldby Davitt P.

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5 cases
  • Irish Refining Plc v Commissioner of Valuation
    • Ireland
    • Supreme Court
    • 1 d1 Janeiro d1 1990
    ...Notice Party Citations: ANNUAL REVISION OF RATEABLE PROPERTY (IRL) AMDT ACT 1860 S10 COURTS OF JUSTICE ACT 1947 S16 PRENDERGAST V PORTER 1961 IR 440 THOMPSON V CURRY 1978 IR 61 MORGAN V EDWARDS 1860 5 H & N 415 VALLEY BRIGHT V RICHARDSON 1985 STC 70 HUGHES V VINER 1985 3 AER 40 SOUTHERN HE......
  • McMahon v McClafferty
    • Ireland
    • High Court
    • 1 d1 Janeiro d1 1990
    ...to sign the case stated and was not to extinguish the appellants' right of appeal by way of case stated. Prendergast v. PorterIR [1961] I.R. 440 applied. 2. That evidence merely disclosing the existence of certain preliminary legal requirements in Northern Ireland prior to issue of the warr......
  • Irish Refining Plc v Commissioner of Valuation
    • Ireland
    • High Court
    • 25 d1 Janeiro d1 1988
    ...RESPONDENTS Citations: ANNUAL REVISION OF RATEABLE PROPERTY (IRL) AMDT ACT 1860 S10 COURTS OF JUSTICE ACT 1936 S31(3) PRENDERGAST V PORTER 1961 IR 440 DCR r17 BROWN V DONEGAL CO COUNCIL 1980 IR 132 SOUTHERN HEALTH BOARD V REEVES-SMITH 1980 IR 26 INSPECTOR OF TAXES V KIERNAN 1981 IR 117 COUR......
  • RR v DPP
    • Ireland
    • Court of Appeal (Ireland)
    • 29 d1 Junho d1 2015
    ...at the mercy of the actions of third parties over which they had no control. Two examples may serve to illustrate this point. 18 In Prendergast v. Porter [1961] I.R. 450 Davitt P. was called upon to interpret the provisions of r. 17 of the District Court Rules 1955 which required District J......
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