An Act of Parliament conferred upon a sanitary authority power to construct lavatories under its streets, but conferred no power to make subways.
Held that in constructing an underground lavatory with access from both sides of a street, which constituted and was in fact used as a subway, the sanitary authority had not acted , its primary intention having been bona fide to construct a lavatory and not a subway.
Observed by the Lord Chancellor-‘That where the Legislature has conferred a statutory power to a particular body, with a discretion as to how it is to be used, it is beyond the power of any court to contest that discretion, assuming the thing done is the thing which the Legislature has authorised.’
Lord Lindley said: ‘I am not aware of any authority to show that the High Court can properly grant an injunction to restrain a public body, authorised to make a particular work for some public purpose, from exercising its authority on the ground that in the opinion of the Court the work being made is larger or handsomer and more costly than it need have been . . unless the Court is of opinion that the statutory authority is a mere cloak to screen a really unauthorised work.’
Lord Macnaghten: ‘A public body invested with statutory powers . . must take care not to exceed or abuse its powers. It must keep within the limits of the authority committed to it. It must act in good faith. And it must act reasonably . . and have some regard to the interest of those who may suffer for the good of the community.’
Judges:
Lord Chancellor (Halsbury), Lords Macnaghten, James of Hereford, and Lindley
Citations:
[1905] UKHL 560, 43 SLR 560
Links:
Jurisdiction:
England and Wales
Local Government
Updated: 26 April 2022; Ref: scu.621184
