Pierce t/a Swords Memorial -v- The Dublin Cemeteries Committee & ors [2009] IESC 63 (30 July 2009)

Pierce t/a Swords Memorial -v- The Dublin Cemeteries Committee & ors [2009] IESC 63 (30 July 2009)

The commercial manufacture and retail of headstones by the Dublin Cemeteries Committee is ultra vires the powers conferred by the Dublin Cemeteries Committee Act 1970, as the statutory objects do not authorise the Committee to engage in business activities beyond cemetery maintenance and related functions; the powers to construct and sell property must be exercised only to further those limited objects.

Citation
[2009] IESC 63
Parties
Plaintiff/appellant: David Pierce t/a Swords Memorials and Andrew Pierce Monuments; First Defendant/respondent: The Dublin Cemeteries Committee; Second Defendant/respondent: Glasnevin Cemetery Monument Works Limited; Third Defendant/respondent: Glasnevin Crematorium Limited
Jurisdiction
Ireland
Judgment Date
30 July 2009
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From High Court
Outcome
Appeal allowed (per Kearns J.); Appeal dismissed (per Macken J. and Hardiman J.); High Court order affirmed by majority
Legal Topics
Ultra Vires, Statutory Powers of Charitable Bodies, Interpretation of Private Acts, Commercial Activities by Charities
Administrative Law Charity Law Statutory Interpretation Ultra Vires Statutory Powers of Charitable Bodies Interpretation of Private Acts Commercial Activities by Charities

Case Brief

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Parties

David Pierce t/a Swords Memorials and Andrew Pierce Monuments

Plaintiff/appellant

The Dublin Cemeteries Committee

First Defendant/respondent

Glasnevin Cemetery Monument Works Limited

Second Defendant/respondent

Glasnevin Crematorium Limited

Third Defendant/respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the Dublin Cemeteries Committee has statutory power under the Dublin Cemeteries Committee Act 1970 to commercially manufacture and sell headstones
  2. 2 Whether such activities are ultra vires the Committee's statutory objects and powers

Ratio Decidendi

The commercial manufacture and retail of headstones by the Dublin Cemeteries Committee is ultra vires the powers conferred by the Dublin Cemeteries Committee Act 1970, as the statutory objects do not authorise the Committee to engage in business activities beyond cemetery maintenance and related functions; the powers to construct and sell property must be exercised only to further those limited objects.

Court Disposition

Appeal allowed (per Kearns J.); Appeal dismissed (per Macken J. and Hardiman J.); High Court order affirmed by majority

Orders

  • Appeal dismissed by majority; High Court order dismissing plaintiff's claim affirmed