Seanad debates

Thursday, 23 November 2006

Land and Conveyancing Law Reform Bill 2006: Report and Final Stages

 

4:00 pm

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)

Following Committee Stage, all provisions in the Bill related to court proceedings were examined in light of the Committee Stage amendment tabled by Senator Cummins. Arising from the examination I have tabled amendments Nos. 15 and 20, which provide that in dealing with applications under section 18(6) and section 29, the court may make such orders as appear to it be just and equitable in the circumstances of the case. I thank Senator Cummins for raising the issue.

As regards amendment No. 28 tabled by Senator Cummins, having examined the wording of section 53(2), the draftsman advises me that the term "as it thinks fit" is more appropriate than "as is just and equitable" in that particular case because it deals with contracts and, therefore, I will not be accepting it.

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