Greenock Harbour Trustees v. Carmichael [1908] ScotLR 753 (11 June 1908)

Greenock Harbour Trustees v. Carmichael [1908] ScotLR 753 (11 June 1908)

A judicial factor appointed under the Greenock Harbour Acts is limited to receiving the revenues as collected by the Trustees and has no power at his own hand to raise, reduce, or vary the rates; such powers remain with the Trustees unless the Court, on special application and in case of mala fide conduct by Trustees, grants further powers.

Citation
[1908] ScotLR 753
Parties
Pursuer (respondent): Greenock Harbour Trustees; Defender (reclaimer): Andrew Carmichael
Jurisdiction
Scotland
Judgment Date
11 June 1908
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary's Decree
Outcome
Appeal dismissed; Lord Ordinary's decree affirmed.
Legal Topics
Judicial Factor Powers, Statutory Undertakings, Harbour Rates, Debenture Stockholder Remedies, Receivership Vs Management, Ultra Vires Acts
Administrative Law Trusts and Estates Statutory Interpretation Public Law Judicial Factor Powers Statutory Undertakings Harbour Rates Debenture Stockholder Remedies +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 16 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Greenock Harbour Trustees

Pursuer (respondent)

Andrew Carmichael

Defender (reclaimer)

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary's Decree

Legal Issues

  1. 1 Whether a judicial factor appointed under the Greenock Harbour Acts has power to raise harbour rates at his own hand
  2. 2 Whether the judicial factor's powers extend beyond receiving revenues to management functions including varying rates

Ratio Decidendi

A judicial factor appointed under the Greenock Harbour Acts is limited to receiving the revenues as collected by the Trustees and has no power at his own hand to raise, reduce, or vary the rates; such powers remain with the Trustees unless the Court, on special application and in case of mala fide conduct by Trustees, grants further powers.

Court Disposition

Appeal dismissed; Lord Ordinary's decree affirmed.

Orders

  • Declarator pronounced that the judicial factor has no power at his own hand to raise, reduce, or vary the rates and duties fixed by the Trustees.
  • Interdict granted against the judicial factor from levying, demanding, or taking rates in terms of the impugned notice.