Fibretex (Societe Personnes Responsobilite Limite) v Beleir Ltd

• Jurisdiction: Ireland
• Judgment Date: 01 January 1955
• Date: 01 January 1955
• Court: Supreme Court

(S.C.)

Fibretex (Societe Personnes Responsobilite Limite)

and

Beleir Limited

Foreign currency -Exchange control - Permission necessary to make payments in foreign currency - Permission given for limited time - Expiry of time limit before payment made - Whether creditor entitled to be paid - Whether the Court should give judgment for sum claimed - Effect of stay of execution -Public policy - Supplies and Services (Temporary Provisions) Act, 1946 (No. 22 of 1946), s. 16 (3) - Supplies and Services (Temporary Provisions) Act, 1946 (Continuance) Act, 1947 (No. 39 of 1947), s. 2 - Emergency Powers (Finance No. 2) Order, 1941, Art 2 (1) (g) -Exchange Control Order, 1947 (S. R. O. No. 394 of 1947) - Exchange Control Order, 1947 (Supplemental Provisions) (No. 1) Order, 1947 (S.R. O. No. 395 of 1947).

F. was a firm in Belgium with whom B., a firm in Dublin, had carried on business. B. ordered goods from F. to be delivered in Dublin by a specified date. Portion of the goods were so delivered and more were ordered. The permission to pay for the goods in foreign currency was given on behalf of the Minister for Finance with a time limit which was extended from time to time but finally only until 31st January, 1947. All the goods not having been delivered by that date arrangements were made whereby B. would take a consignment which was on that date ready for delivery but was held up by a dock strike in Belgium. B., however, failed to make any arrangements for permission to pay for those goods and when proceedings were instituted by F....