Dairy Disposal Company, Ltd v Lixnaw Co-operative Creamery, Ltd

CourtSupreme Court
Judgment Date18 December 1937
Date18 December 1937
[H. C., S. C., I.F.S.]
Dairy Disposal Co., Ltd.
Lixnaw Co-operative Creamery, Ltd.

Certificate of Liability - Conclusive evidence of matter certified -Judicial or ministerial character - Certificate based on wrong principles appearing on face -Validity - Creamery Act, 1928 (No. 26 of 1928), ss. 2, 4, 5 - Agriculture Act, 1931 (No. 8 of1931), s. 4.

By s. 2 of the Creamery Act, 1928, as adapted, it was provided that, where a creamery was acquired with moneys provided by the Oireachtas, every person carrying on a creamery who obtained a supply of milk (called a "new milk supply") from a person who supplied milk to such creamery at any time after 22nd February, 1927, should, except in the case of certain agreements, be liable to pay to a specified company a principal sum calculated as specified in the Act with interest. The principal sum was to be calculated as follows: (a) The Minister for Agriculture was to select and appoint a year not earlier than 1927; (b) He was to ascertain the day in that year on which such person received the largest quantity (called the "peak day quantity") of milk on foot of the said new milk supply; (c) He was to appoint a day (called the "transfer day") on which such new milk supply was transferred from the said creamery to the said person, such day normally to be the day on which it was first received by such person but the Minister might in any particular case appoint any earlier day not more than six months prior to the said day; (d) The principal sum was to be calculated at the rate of £1 per gallon of milk in the peak day quantity: (e) The interest was to be at the rate of 51/2 per cent. per annum from the transfer day. The section further provided for the issue by the Minister of a certificate of liability certifying the amount of the principal sum payable by such person and the rate at, and date from which, interest was payable, such certificate to be conclusive evidence of all matters purported to be certified therein. The plaintiffs were the company in whose favour certificates of liability were to be issued and the Minister issued three certificates of liability in their favour in respect of the...

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