MacMenamin J Archives

Landlord’s obligation to repair structural defects in apartment complex clarified

By: Decisis

High Court sets aside a Tenancy Tribunal award of €20,000 to tenants of an apartment affected by water ingress, remanding the case for a rehearing to properly address the landlord's statutory repair obligations. The Tribunal had previously found the landlord responsible for not sufficiently pursuing the management company to remedy structural defects in the apartment block. However, the Court determined that the Tribunal overstepped its statutory authority by imposing an obligation on the landlord that was not supported by statute or the tenancy agreement. The Court emphasised that the Tribunal must apply the law as set out in the tenancy contract and relevant legislation, focusing on whether the landlord complied with statutory and contractual repair obligations.

Appeals against murder conviction and related offenses dismissed

By: Decisis

Court of Appeal dismisses appeals and upholds convictions for murder, and associated charges. The appellants challenged the admissibility of evidence, the lawfulness of their arrests, and the trial court's reliance on the testimony of an accomplice, among other issues. The Court found no error in the trial court's rulings, including the handling of forensic evidence, the arrest procedures, and the treatment of witness testimony. The court determined that the trial was conducted fairly and in accordance with the law, and that the convictions were supported by ample evidence.

Wind farm development’s additional information notice deemed non-compliant with statutory obligations

By: Decisis

High Court declares that An Bord Pleanála failed to comply with its statutory obligations by not directly making additional information available for inspection, not providing notice of its availability, and not inviting further submissions or observations within a specified period. This declaration arose from a challenge to the board's handling of additional information submitted by the developer of a proposed wind farm. The court found that the board improperly delegated its statutory notification responsibilities to the developer, leading to a cascade of problems, including incorrect public notices and a lack of control over the process. However, the court dismissed the application for certiorari as the applicants did not demonstrate that they were unfairly disadvantaged by the board's non-compliance, and thus, the decision was not quashed.

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Landlord’s obligation to repair structural defects in apartment complex clarified

Appeals against murder conviction and related offenses dismissed

Wind farm development’s additional information notice deemed non-compliant with statutory obligations

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