Fraserburgh Harbour Commissioners v. Will [1915] ScotLR 148 (12 November 1915)

Fraserburgh Harbour Commissioners v. Will [1915] ScotLR 148 (12 November 1915)

Bunker coal does not fall within the statutory exemption for 'ships' provisions necessary for the voyage'; the exemption applies only to seal and whale fishing and 'provisions' means food, not fuel. The Harbour Commissioners did not give illegal or undue preference, as no discharge or agreement was made with other traders, and all remain liable for rates.

Citation
[1915] ScotLR 148
Parties
Pursuer: Fraserburgh Harbour Commissioners; Defender: William Will
Jurisdiction
Scotland
Judgment Date
12 November 1915
Procedural Posture
Civil / Appeal (reclaiming Motion)
Outcome
appeal dismissed; interlocutor affirmed
Legal Topics
Harbour Rates, Statutory Exemptions, Undue Preference, Construction of Statutes
Commercial Law Statutory Interpretation Public Law Harbour Rates Statutory Exemptions Undue Preference Construction of Statutes

Case Brief

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Parties

Fraserburgh Harbour Commissioners

Pursuer

William Will

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion)

Legal Issues

  1. 1 Are bunker coals shipped at Fraserburgh Harbour liable to harbour rates under the Fraserburgh Harbour Order 1891?
  2. 2 Does the exemption for 'ships' provisions necessary for the voyage' include bunker coal?
  3. 3 Did the Harbour Commissioners give illegal or undue preference by not charging rates on sea-borne bunker coal?

Ratio Decidendi

Bunker coal does not fall within the statutory exemption for 'ships' provisions necessary for the voyage'; the exemption applies only to seal and whale fishing and 'provisions' means food, not fuel. The Harbour Commissioners did not give illegal or undue preference, as no discharge or agreement was made with other traders, and all remain liable for rates.

Court Disposition

appeal dismissed; interlocutor affirmed

Orders

  • Declarator granted: defender bound to account for coals shipped and liable for rates at 8d. per ton, whether for bunker or other purposes.
  • Decree for payment of £91, 13s. 4d. by defender to pursuers.