VIII. Dundee Corporation Order [1907] UKHL 1019_2 (25 July 1907)

VIII. Dundee Corporation Order [1907] UKHL 1019_2 (25 July 1907)

Commissioners by majority disallowed general locus standi for tramway company on public expedience grounds (paragraph 6), but allowed locus on grounds directly affecting property interests (paragraphs 5 and 7).

Citation
[1907] UKHL 1019_2
Parties
Promoter: Corporation of Dundee; Objector: Broughty Ferry and District Tramways Company; Objector: Dundee Harbour Trustees; Objector: R. Haldane's Trustees and Another; Objector: Sir Reginald Ogilvy and Another; Objector: Mr J.B. Ballingall; Objector: Certain Ratepayers and Owners in Dundee and Others
Jurisdiction
United Kingdom
Judgment Date
25 July 1907
Procedural Posture
Provisional Order Opposition / Commissioners Hearing
Outcome
preamble proved; general locus disallowed; limited locus allowed
Legal Topics
Extension of Burgh Boundaries, Tramway Purchase Conditions, Ratepayer Locus Standi
Local Government Property Law Transport Law Extension of Burgh Boundaries Tramway Purchase Conditions Ratepayer Locus Standi

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Parties

Corporation of Dundee

Promoter

Broughty Ferry and District Tramways Company

Objector

Dundee Harbour Trustees

Objector

R. Haldane's Trustees and Another

Objector

Sir Reginald Ogilvy and Another

Objector

Mr J.B. Ballingall

Objector

Certain Ratepayers and Owners in Dundee and Others

Objector

Procedural Posture

Provisional Order Opposition / Commissioners Hearing

Legal Issues

  1. 1 Whether tramway company has general locus standi as ratepayer and proprietor within area proposed to be annexed
  2. 2 Whether extension of boundaries affects tramway purchase conditions
  3. 3 Whether public expedience justifies annexation

Ratio Decidendi

Commissioners by majority disallowed general locus standi for tramway company on public expedience grounds (paragraph 6), but allowed locus on grounds directly affecting property interests (paragraphs 5 and 7).

Court Disposition

preamble proved; general locus disallowed; limited locus allowed

Orders

  • General locus standi for tramway company disallowed
  • Locus standi allowed on property-related grounds (paragraphs 5 and 7)