Appeal No. VA88/0/006

AN BINSE LUACHALA
VALUATION TRIBUNAL
AN tACHT LUACHALA, 1988
VALUATION ACT, 1988

BANNA HOLIDAY VILLAS LTD APPELLANTS
and
COMMISSIONER OF VALUATION RESPONDENT

RE: Licenced Hotel, Shop, Chalets and land, townland Banna Mountain, Co Kerry.

B E F O R E :
Hugh J O'Flaherty S.C. Chairman
Paul Butler Barrister
Brian O'Farrell Valuer

JUDGMENT OF THE TRIBUNAL IN RELATION TO A MISTAKE IN ITS
ORIGINAL DETERMINATION OF THE 20TH JANUARY, 1989,
DELIVERED ON THE 27TH NOVEMBER, 1989.

In this case the Chairman has, by certificate under his hand, changed the mistake that was made in the original determination pursuant to his powers in Rule 14(d) of the Rules.

The Tribunal, as well, has considered the mistake that was made and since the Order that it made on foot of its determination has been quashed by the High Court it now will deliver a fresh determination which will have the correct figure.

Mr Downing, on behalf of the appellants, has contended that his clients may be prejudiced by having acted on the incorrect figure. The Tribunal thinks there is no merit in this since by letter dated 31st January, 1989, sent by the Registrar to Mannix & Co, Solicitors for the appellants, the appellants were given notice of the mistake.

The Tribunal takes the view that there is not a court or tribunal in the world that has not made a mistake at some time or other in its determinations. This Tribunal is bound by the Constitution like every court and tribunal and that means that the Tribunal has a duty of acting fairly and judicially in accordance with the principles of constitutional justice. If this mistake were allowed to remain in perpetuity (or even for one year) it would involve an injustice to the respondent as well as to the ratepayers of Kerry.

It should be noted that the Tribunal attempted to put right its mistake as soon as possible on the last occasion but the High Court has held, now, that the order made by the Tribunal must "mirror" exactly what was announced.

The Tribunal, therefore, will redeliver the original judgment that was delivered on the 20th January, 1989 with the correct determination. The Tribunal would note that in making this corrected determination it is attempting to do justice between the parties in accordance with what was laid down by the Supreme Court in East Donegal Co-operative v. Attorney General (1970) IR 317 and Meskel v. C.I.E.

(1973) IR 121.