Harbour ratepayers, being members of the constituency erected by Act of Parliament to elect the harbour trustees, and being persons for whose benefit the harbour is kept up, have a title to prevent the harbour trustees committing an ultra vires act which directly affects the trust property.
Harbour trustees, who were vested by statute in a ferry within certain limits, hired out occasionally for excursions beyond the ferry limits their steamers when not required for ferry purposes, without having any power so to do expressed in their statute. Held that their action was not ‘incidental to or consequential upon’ the things authorised by statute, and was therefore ultra vires, and interdict granted.
Judges:
Lord Chancellor (Haldane), Lord Dunedin, Lord Atkinson, and Lord Parmoor
Citations:
[1914] UKHL 138, 52 SLR 138
Links:
Jurisdiction:
England and Wales
Local Government
Updated: 26 April 2022; Ref: scu.620733
