Glebe Sugar Refining Co., Ltd, and Another v. Trustees of Port and Harbours of Greenock and Others [1920] ScotLR 374 (31 March 1920)

Glebe Sugar Refining Co., Ltd, and Another v. Trustees of Port and Harbours of Greenock and Others [1920] ScotLR 374 (31 March 1920)

The Trustees had statutory power under section 109 of the Greenock Port and Harbours Consolidation Act 1913 to grant an exclusive lease of the Garvel Graving Dock, as it was a 'work' within the meaning of the Act, and the lease was within the terms and conditions the Trustees deemed fit. Alternatively, even if section 109 did not apply, the Trustees could, upon discontinuing the dock as part of their undertaking, lease it as 'land' under section 111(2). The lease was not ultra vires.

Citation
[1920] ScotLR 374
Parties
Pursuer: Glebe Sugar Refining Company, Limited; Pursuer: Westburn Sugar Refineries, Limited; Defender: Trustees of the Port and Harbours of Greenock; Defender: James Lithgow and Henry Lithgow
Jurisdiction
Scotland
Judgment Date
31 March 1920
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor
Outcome
appeal dismissed; interlocutor of Lord Ordinary adhered to
Legal Topics
Ultra Vires, Statutory Powers of Harbour Trustees, Lease of Public Assets, Exclusive Use of Public Facilities, Public Trust Duties
Public Law Statutory Interpretation Trust Law Ultra Vires Statutory Powers of Harbour Trustees Lease of Public Assets Exclusive Use of Public Facilities Public Trust Duties

Case Brief

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Parties

Glebe Sugar Refining Company, Limited

Pursuer

Westburn Sugar Refineries, Limited

Pursuer

Trustees of the Port and Harbours of Greenock

Defender

James Lithgow and Henry Lithgow

Defender

Procedural Posture

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

Legal Issues

  1. 1 Whether the Trustees of the Port and Harbours of Greenock had statutory power to grant an exclusive lease of the Garvel Graving Dock to private ship repairers
  2. 2 Whether such a lease was ultra vires the Trustees under the Greenock Port and Harbours Consolidation Act 1913

Ratio Decidendi

The Trustees had statutory power under section 109 of the Greenock Port and Harbours Consolidation Act 1913 to grant an exclusive lease of the Garvel Graving Dock, as it was a 'work' within the meaning of the Act, and the lease was within the terms and conditions the Trustees deemed fit. Alternatively, even if section 109 did not apply, the Trustees could, upon discontinuing the dock as part of their undertaking, lease it as 'land' under section 111(2). The lease was not ultra vires.

Court Disposition

appeal dismissed; interlocutor of Lord Ordinary adhered to

Orders

  • Action dismissed; lease upheld as intra vires the Trustees