Moyne v The Londonderry Port and Harbour Commissioners

• Jurisdiction: Ireland
• Judgment Date: 06 June 1986
• Date: 06 June 1986
• Docket Number: [1982 No. 5956P]
• Court: High Court

Moyne

and

The Londonderry Port and Harbour Commissioners

(H.C.)

Construction - Statutory duty - Harbour Commissioners - Pier vested in Commissioners - Powers - Duty to maintain pier - Power to make bye-laws - Power to appoint officer - Restriction on user of pier -Whether harbour master empowered to restrict user permanently - Whether Commissioners in breach of statutory duty - Locus standi -Whether plaintiffs members of class specifically benefited by statutes - Action for damages -Pecuniary loss - Harbours, Docks and Piers Clauses Act, 1847 (c. 127) - Londonderry Port and Harbour Acts, 1854 (c. 177), 1874 (c. 144) and 1882 (c. 162). Constitution - Personal rights - Right to earn a livelihood - Breach of statutory duty -Whether amounts to breach of constitutional rights - Constitution of Ireland, 1937, Art.40.3.1.

The Harbours, Docks and Piers Clauses Act, 1847, regulates the establishment and management of harbour commissioners generally and defines their powers and duties. Section 33 provides that the public, subject to defined conditions, shall have access to docks and piers maintained by the harbour commissioners. By the Londonderry Port and Harbour Acts, 1854, 1874 and 1882, being special private Acts subject to the general Act of 1847, the defendants were conferred with duties, inter alia, to maintain the docks and pier at Carrickarory, County Donegal. The defendants were empowered to restrict user of the pier through bye-laws subject to judicial approval. In addition, the harbour master, an officer appointed by the defendants, was empowered to give directions restricting user of the pier. The plaintiffs were coal distributors and imported their coal through Carickarory pier, vested by the special Acts in the defendants. By letter dated the 24 February, 1977, the defendants' harbour master gave notice that the pier "is now closed for discharging and loading of vessels until further notice." On the 22 August, 1980, the harbour master wrote to one of the plaintiffs announcing that the pier would be open from the 25 August to the 24 September, 1980, as a trial period, but that the type and manner of vessels loading and unloading would be restricted by four specified conditions. Use of the pier was extended beyond the trial period by further direction of the harbour master, but subject to the same restrictive conditions. The plaintiffs instituted proceedings in the High Court seeking a declaration that the closure of the pier and restriction on...