Director of Consumer Affairs v Sugar Distributors Ltd

• Jurisdiction: Ireland
• Court: High Court
• Judge: Mr. Justice Costello
• Judgment Date: 01 January 1991
• Neutral Citation: 1991 WJSC-HC 365
• Docket Number: Record No. 7208P/1988,[1988 No. 7208P.]
• Date: 01 January 1991

DIRECTOR OF CONSUMER AFFAIRS v. SUGAR DISTRIBUTORS LTD

BETWEEN

THE DIRECTOR OF CONSUMER AFFAIRS AND FAIR TRADE

PLAINTIFF

AND

SUGAR DISTRIBUTORS LIMITED

DEFENDANT

1991 WJSC-HC 365

Record No. 7208P/1988

THE HIGH COURT

Synopsis:

PRACTICE

Documents

Inspection - Privilege - Public interest - Executive - Statutory office holder - Function - Performance - Trade - Fair practices - Enforcement - Complaint - Investigation - Director of Consumer Affairs and Fair Trade - Restrictive Practices Act, 1972, ss. 14, 24 - Restrictive Practices (Amendment) Act, 1987, ss. 5, 6, 17 - (1988/7208 P - Costello J. - 26/11/90) 1991 1 I.R. 225 1991 ILRM 395

|Director of Consumer Affairs and Fair Trade v. Sugar Distributors Ltd.|

TRADE

Fair practices

Enforcement - Statute - Office holder - Appointment - Functions - Performance - Complaint - Investigation by officer holder - Litigation - Defendants seeking inspection of plaintiff's documents - Privilege - (1988/7208 P - Costello J. - 26/11/90)

|Director of Consumer Affairs and Fair Trade v. Sugar Distributors Ltd.|

WORDS AND PHRASES

"Public interest"

Statute - Office holder - Appointment - Functions - Trade - Fair practices - Enforcement - Investigation by office holder of complaint - Litigation - Defendants seeking inspection of plaintiff's documents - Privilege - (1988/7208 P - Costello J. - 26/11/90) - [1991] 1 I.R. 225 - [1991] ILRM 395

|Director of Consumer Affairs and Fair Trade v. Sugar Distributors Ltd.|

Citations:

RESTRICTIVE PRACTICES ACTS 1972–1987

RESTRICTIVE PRACTICES ACT 1972

MURPHY V DUBLIN CORPORATION & ANOR 1972 IR 215

MARKS V BEYFUS 1890 25 QB 494

D V NSPCC 1978 AC 171

R V LEWES JUSTICES 1973 AC 388

RESTRICTIVE PRACTICES (AMDT) ACT 1987 S6

RESTRICTIVE PRACTICES (AMDT) ACT 1987 S17

RESTRICTIVE PRACTICES (AMDT) ACT 1987 S22

SALE OF GOODS & SUPPLY OF SERVICES ACT 1980 S55

RESTRICTIVE PRACTICES (GROCERIES) ORDER 1987 SI 142/1987

1 Judgment of Mr. Justice Costello delivered the 26th day of November 1990

2 The plaintiff is the Director of Consumer Affairs and Fair Trade. In May 1988 he received a complaint from a firm called ASI International Foods Ltd. It was a serious one. It was that the defendant herein, Sugar Distributors Ltd, which is a subsidiary of the Irish Sugar Company had breached the provisions of the Restrictive Practices Acts, 1972to 1987and, in particular the Restrictive Practices (Groceries) Order, 1987. He caused one of his inspectors to investigate it and these proceedings followed.

3 What is alleged against the defendant is this. ASI International Foods Ltd imported sugar into the State for sale to the Irish public under the name "Eurolux". It then sold a large quantity of its "Eurolux" sugar to a wholesale firm called Allied Distributive Merchants Ltd, which has been described as the wholesale arm of a large group of independent retail grocers in the well known Londis group. The defendants are the distributors of Irish sugar manufactured by the Irish Sugar Company. It is claimed that contrary to the relevant statutory provisions the defendants (a) purchased for £10,000 21.01 metric tonnes of Eurolux sugar from Allied Distributive Merchants with a view to eliminating or restricting competition in the sugar market, and (b) that for the same purpose it entered into an arrangment with the owner of a retail grocers in Boyle Co. Roscommon by which it replaced his stock of Eurolux sugar by Irish sugar supplied by it.

4 An order for discovery was made. This motion followed because the Director claimed that he was not, as a matter of law, required to permit inspection of certain relevant documents in his possession. These (listed in paragraph "A" in a schedule to a letter of the 24th January 1990 to the defendant's solicitors) comprise ten letters passing between the Managing Director of ASI International Foods and the Managing Director of Allied Distributive Merchants, an invoice relating to a consignment of sugar to Allied Distributive Foods, and a letter from the managing director of ASI International Foods to the Irish Sugar Company. (In addition there are three letters listed in paragraph "C" of the schedule to the same letter which are copies of three of the letters referred to at "A" and no separate issue in relation to these arises). The Director obtained all these documents as part of a complaint made to him by ASI International Foods that the defendant had breached the restrictive practices legislation and he submits that he is not required to permit inspection of documents which have come into his possession as part of a complaint made to him by a member of the public.

5 I think his submission is well founded, for the following reasons.

6 The law of evidence has long recognised that the public interest may require that relevant documents...