Southern Health Board v Reeves-Smith

• Jurisdiction: Ireland
• Judge: KENNY J.:
• Judgment Date: 01 January 1980
• Neutral Citation: 1978 WJSC-SC 3674
• Docket Number: [S.C. No. 140 of 1977]
• Court: Supreme Court
• Date: 01 January 1980

1978 WJSC-SC 3674

SUPREME COURT

Record No. L & T 6/1975.

Record No. 140/1977

SOUTHERN HEALTH BOARD v. REEVES-SMITH

CORK CIRCUIT

LANDLORD AND TENANT (REVERSIONARY LEASES) ACT 1958

BETWEEN:

SOUTHERN HEALTH BOARD

Applicants

and

SHEILA REEVES-SMITH AND ALICE GILCHRIST

Respondents

1 Judgment delivered 15th November1978 KENNY J.:

2 Southern Health Board ("the applicants") are the occupiers of St. Finbarr's Hospital in the city of Cork which consists of extensive buildings surrounded by gardens, yards and open spaces. Part of the hospital was held by the applicants under four subleases which expired on the 24th of March 1964. Neither party seems to have known for a considerable period that these had expired and, subsequently the applicants applied to the Circuit Court for reversionary leases under the Landlord and Tenant (Reversionary Leases) Act, 1958. It seems to have beenconceded that the applicants were entitled to such leases in part of the property and the dispute before the Circuit Court judge was whether they were entitled to such a lease in the part coloured orange on the may of the whole hospital which was proved in evidence. The Circuit Court judge held that they were not and they appealed to the High Court on Circuit. At the request of the applicants, the President of the High Court, Mr. Justice Finlay stated this Case for the opinion of this Court. To answer the questions which he has put, it is necessary to consider the four subleases, under each of which the applicants held part of thehospital.

3 By a sublease made on the 13th of September 1866 Mary Meade and Amos Newman ("the lessors") let the part coloured orange on the may to the Commissioners for Administering the Laws for the Relief of the Poor ("the Commissioners") for 99 years from the 25th of March 1865. As the lessors held the land let by this lease from the Church of Ireland Bishop of Cork, the sub-lease to the Commissioners by the lessors contained elaborate provisions for the adjustment of the rent payable under it, if the lessorsgot a renewal of their lease at a higher rent than the one they had been paying before. It was stated in the sublease of the 13th of September 1866 that it was a renewal of a sublease granted by the lessors on the 13th of September 1846. In the sublease of the 13th of September 1866, there was a covenant by the lessors that if they obtained a renewal of their lease from the Bishop of Cork, they would sublet the lands to the Commissioners for the term for which the new lease was granted less oneyear.

4 By another sublease of the 13th of September 1866 the lessors sublet to the Commissioners the lands on the said may coloured green for 99 years from the 25th of March 1865.

5 By another sublease of the 13th of September 1866 the lessors sublet to the Commissioners the lands coloured yellow on the said may for 99 years from the 25th of March 1865. There is a statement in this sublease that it is a renewal of a sublease of the 15th of November 1847.

6 By another sublease of the 13th of September 1866 the...