State (Hegarty) v Winters
| Jurisdiction | Ireland |
| Judgment Date | 01 January 1958 |
| Date | 01 January 1958 |
| Court | Supreme Court |
Award - Setting aside of award - Misconduct of arbitrator - Arbitrator viewing land - Only one party to dispute present -Acquisition of Land (Assessment of Compensation) Act, 1919 (9 10 Geo. 5, c. 57), s. 3 - Certiorari and mandamus.
C. entered on the lands of H.to do certain works which C. was empowered by statute to do As a result of such works, damage was caused to H's land. An arbitrator was appointed by the Land Values Reference Committee under the provisions of the Acquisition of Land (Assessment of Compensation) Act, 1919, to assess the amount of the compensation payable to H.H. alleged and the arbitrator denied that the arbitrator acted throughout the arbitration in a biased manner against H. The arbitrator did go to view the lands in company with the engineer employed by C. and with no one then present on behalf of H. The arbitrator subsequently made a nil award. H. applied for and obtained a conditional order of certiorariand a rule in the nature of mandamus to quash the award of the arbitrator. H. then applied to have the conditional order of certiorari and mandamus made absolute notwithstanding the cause shown Held by the Supreme Court reversing the High Court that the action of the arbitrator in going upon...
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Geraghty v Rohan Industrial Estates Ltd
...issue, upon the appropriate form or quantum of compensation prior to the making of his final award. The State (Hegarty) v. WintersIR [1956] I.R. 320 applied. Upon appeal by the defendant it was Held by the Supreme Court (Finlay C.J., Hederman and McCarthy JJ.), in allowing the appeal and re......
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...having been so conducted. 45 In this regard the relevant test is that formulated by the Supreme Court inThe State (Hegarty) v. Winters [1956] I.R. 320 where at p.336 Maguire C.J. stated:- "The action of the arbitrator in going upon the lands the subject-matter of the arbitration might, in t......
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