Latchford and Sons, Ltd v Minister for Industry and Commerce

JurisdictionIreland
Judgment Date18 December 1950
Date18 December 1950
Docket Number(1946. No. 81 P.)
CourtSupreme Court
S. C.),
Latchford and Sons, Ltd.
and
Minister for Industry and Commerce

Funds appropriated by Oireachtas - Conditions prescribed by Minister -Right to payment on compliance with conditions - Whether discretion in Minister to withhold payment where conditions fulfilled - Appropriation Act, 1944 (No. 17 of 1944), s. 3; Sch. B, Part II - Emergency Powers (Bakers) Order, 1941 (Stat. R. Or., 1941 No. 453).

Under the Appropriation Act, 1944, Sch. B., Part II, moneys were provided by the Oireachtas to meet the payment of certain subsidies, and the Minister for Supplies thereupon prescribed conditions upon which payment of such subsidies would be made. The plaintiffs, who had complied with the conditions but had been convicted in the relevant period of an offence in respect of the sale of batch bread (which offence did not constitute a breach of the conditions), made application for payment of the subsidy. The Minister, purporting to exercise a discretion, refused the application. The plaintiffs instituted proceedings in the High Court, claiming certain declarations entitling them to...

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    ...the applicant made its application, then whether in accordance with Fakih or Latchford and Sons Ltd v. Minister for Industry and Commerce [1950] I.R. 33, a provider who complied with the assessment criteria may have been entitled to have their network approved as NGA. However, no such non-c......
  • O'Donoghue v South Kerry Development Partnership Ltd
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    ...court in this regard to, inter alia, the decision of the Supreme Court in Latchford and Sons Ltd. v. Minister for Industry and Commerce [1950] I.R. 33. In that case, funds had been provided by the Oireachtas to meet the payment of certain subsidies, the conditions for the payment of those s......
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