Re Irish Employers Mutual Insurance Association Ltd

JurisdictionIreland
Judgment Date01 January 1955
Date01 January 1955
CourtSupreme Court
S.C.
In re Irish Employers Mutual Insurance Association
Limited

Priority of payments -Right of Commissioners of Public Works -Mutual insurance association in liquidation -Claim by Commissioners of Public Works to payment in priority to other creditors - Preferential payments - Whether common law prerogative right of Crown to priority of payment applicable to sums payable for benefit of Central Fund -Rights of members of mutual association to priority inter se - Principles for ascertaining whether the Commissioners acting as agents of the State or as public servants - Finance Act, 1924 (No. 27 of 1924) s. 38 - Preferential Payments in Bankruptcy (Ir.) Act, 1889 (52 and 53 Vict., c. 60), s. 4 - Constitution of the Irish Free State (Saorstat Eireann) Act, 1922 (No. 1 of 1922) -Constitution of Ireland.

By order of the High Court, dated the 4th July, 1948, it was ordered that the Irish Employers Mutual Insurance Association Limited, a company limited by guarantee, and having no share capital, should be wound up compulsorily. The total claims of...

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9 cases
  • BUPA Ireland Ltd & BUPA Insurance Ltd v Health Insurance Authority & Others
    • Ireland
    • High Court
    • 23 November 2006
    ...& CHANG v DPP & ORS 2004 1 IR 615 2005 1 ILRM 214 2004 28 6431 CONSTITUTION ART 21.2.2 IRISH EMPLOYERS MUTUAL INSURANCE ASSOC LTD, IN RE 1955 IR 176 O'MALLEY v CEANN COMHAIRLE 1997 1 IR 427 1997 11 3508 HOGAN JM KELLY: THE IRISH CONSTITUTION 4ED 2003 PARA 4.5.08 HOGAN JM KELLY: THE IRISH ......
  • Callely v Moylan and Others
    • Ireland
    • Supreme Court
    • 9 April 2014
    ...its historical backdrop was referred to in some detail by Kingsmill Moore J. in In re Irish Employers Mutual Insurance Association Ltd. [1955] I.R. 176 ( "In re Irish Employers") at pp. 223 and 224 where, in contrasting the background to the establishment of the Canadian Constitution, he p......
  • Maguire v Ardagh
    • Ireland
    • Supreme Court
    • 11 April 2002
    ...than convincing. It is based, in part at least, on the judgment of Kingsmill Moore J (sitting as a High Court judge) in In re Irish Employers Mutual Insurance Association (1955) IR 176 and of O'Dalaigh J (as he then was) in Melling v O'Mathghamhna [1962] IR 1. In the first case, which for......
  • Minister for the Environment, Community and Local Government v Damiens
    • Ireland
    • High Court
    • 24 October 2018
    ...[Saorstát Eireann]. 90 The aforesaid provisions were considered in Irish Employers Mutual Insurance Association Limited (In Liquidation) [1955] IR 176 where, at p. 224, Kingsmill-Moore addressed the word 'belong' in Article 11 of the Saorstát Eireann Constitution in the following terms: 'I......
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2 books & journal articles

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