In the Chancery Division before the esteemed Master of the Rolls, a case of significant consequence unfolded, pitting Usborne against the Limerick Market Trustees. The Solicitor General, instructed by Mr B. A. McNamara, presented the case on behalf of the receiver overseeing the rents and profits. The matter sought the court’s direction regarding purchase proposals received from both the Limerick Corporation and the Football Club for a portion of the premises encompassed within the trust property.
The intricate legal landscape of this case emanated from a mortgagee suit involving the Limerick Market Trustees, who administered a venture known as Limerick Market. Endowed with the authority to mortgage the entire property, the trustees found themselves entangled in several mortgages, each securing priority. Within the expansive premises, there existed an outlying portion, including Garryowen, leased to the Garryowen Football Club, and another along the Brewery road, unrelated to the market’s primary function.
A new development emerged when the Limerick Corporation issued a notice, signalling their intent to compulsorily acquire the outlying property under the Housing of the Working Classes’ Act. The complexity deepened as the Master of the Rolls contemplated potential interference with the football club.
Counsel outlined the intricacies, pointing out that the football club’s lease, granted in 1900 for a term of years, carried a proviso. This allowed the trustees to resume possession of the football ground after the initial five years by providing twelve months’ notice to the lessees. Initially, the Corporation made a voluntary offer to purchase the ground, met subsequently by a counteroffer from the Football Club. Yet, the Corporation, perhaps guided by legal counsel, chose to pursue compulsory acquisition under the Act, serving the requisite notices.
Counsel pressed for the receiver’s attendance at the arbitration proceedings, raising concerns about potential adverse effects on the football club’s interests. The Master of the Rolls, while expressing sympathy for the football club, underscored the necessity of allowing the Housing of the Working Classes Act to operate unimpeded. The case would proceed conventionally, with the receiver authorized to participate in the proceedings and take appropriate steps. The Corporation was granted the liberty to deposit the purchase price with the court to the credit of the action. Costs of the motion were allocated to the Receiver and the plaintiff.
Amidst legal formalities, a touch of levity found its way into the proceedings, as the Master of the Rolls speculated on potential alternative uses for the contested land, eliciting laughter from the courtroom. The Solicitor General, with a hint of wit, added a sporting anecdote, attributing a notable effort to a half-back in the mix.
Dublin Daily Express – Tuesday 14 March 1911
