Woodrow Packaging v Dublin Corporation

JurisdictionIreland
CourtHigh Court
JudgeMr. Justice McMahon
Judgment Date26 July 1983
Neutral Citation1983 WJSC-HC 3742
Date26 July 1983

1983 WJSC-HC 3742

THE HIGH COURT

No.5029 D/1983
WOODROW PACKAGING v. DUBLIN CORPORATION
IN THE MATTER OF THE LOCAL GOVERNMENT (IRELAND) ACT, 1898AND
IN THE MATTER OP DAMAGE TO PROPERTY (COMPENSATION) ACT, 1923
BETWEEN:-
WOODROW PACKAGING LIMITED
Respondents / (Applicants)
-and-
DUBLIN CORPORATION
Respondents / (Applicants)

Subject Headings:

CIRCUIT COURT: jurisdiction

CRIMINAL INJURIES: compensation

LIMITATION OF ACTIONS: compensation

PRACTICE: time

STATUTORY INTERPRETATION: application

1

Judgment of Mr. Justice McMahondelivered the 26th day of July 1983.

2

This is an appeal from an Order of the Dublin Circuit Court (His Honour Judge Ryan) on a preliminary issue raised in an application for compensation for a criminal injury. The preliminary issue was raised by Notice of Motion brought by the Applicant for compensation and no objection has been taken to this method of procedure.

3

The issue is whether the powers of the Circuit Court under Section 21(2) of the Damage to Property (Compensation) Act, 1923and Order 52 Rule 10 of the Rules of the Circuit Court, 1950 can be exercised so as to override the statutory period of six years prescribed by the Statuteof Limitations, 1957, Section 11(1)(e). The Applicants" claim is one of a number of claims for goods destroyed when a warehouse at North Wall Quay, Dublin was destroyed by fire on the 21st May, 1 974. The British and Irish Steampacket Company Limited who owned th9 warehouse brought proceedings for compensation for the destruction of the building: under the Criminal Injury code and a preliminary notice of intention to apply to the Court and an application to the Court were served in accordance with the requirements of Order 52 of the Rules of the Circuit Court, 1950. This claim was proceeded with in the ordinary course and the owners of the building obtained a decree for compensation from His Honour Judge Ryan in the Dublin Circuit Court on the 5th of December 1980. The present Applicants and other owners of goods destroyed in the fire had decided to await the outcome of the building owners claim before proceeding with their claims. The present Applicants having served a preliminary Notice of Intention to apply to the Circuit Court for compensation within seven days from the date of the fire in accordance with Order 52 Rule 3 of the Circuit Court Rules did not serve the Notice of Application to the Court for compensation required by Order 52 Rule 4 until the 12th of November 1980. On the 31st day of January 1982 the Applicants applied to the Dublin Circuit Court byway of Notice of Motion claiming:-

4

(a) An Order pursuant to Section 21(2) of the Damage to Property (Compensation) Act, 1923and pursuant to Order 59 Rule 10 of the Rules of the Circuit Court extending the time within which the Applicant can apply to the Circuit Court for compensation for criminal injuries committed on the 21st day of May, 1974.

5

(b) An Order for the costs of this Motion.

6

His Honour Judge Noel Ryan extended the time as sought in the Notice of Motion to the 31st of January, 1983 and this appeal is taken against that Order. Provided a preliminary notice was served within seven days from the commission of a criminal injury Order 52 of the Circuit Court Rules did not apply any time...

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