Re Great Southern Railways Company's Revenue Estimate

JurisdictionIreland
Judgment Date22 March 1929
Date22 March 1929
CourtSupreme Court (Irish Free State)
[S. C., I.F.S.],
and in the Matter of the Great Southern Railways Company's Revenue Estimate

Settlement of Schedule - Whether standard charges to be actual charges - Exceptional rates - Railway Tribunal -Powers and duties - Estimate of traffic - Railways Act, 1924 (No. 29 of 1924).

The Supreme Court held, setting aside, in part, the order of the Railway Tribunal, that:—Under the Railways Act, 1924 (No. 29 of 1924), the standard revenue of the amalgamated company is to be derived from the standard charges, together with the produce of the exceptional rates, and it is the duty of the Railway Tribunal to fix the standard charges so that the produce of the standard charges, together with the produce of the exceptional rates, should amount to the sum necessary to bring in the amount required to produce the standard revenue. Subject to this general guiding principle, the Railway Tribunal should fix the standard charges on the basis that, for each class of merchandise determined by the Tribunal, a charge should be fixed that would be reasonable, having regard to the fact that the merchandise would be carried at the Company's risk. There is nothing in the Act which limits the scope or extent of exceptional rates save that such rates must be within the limits defined by the Act, and the Railway Company are at liberty to grant any exceptional rates which may fall within these limits. There is no limitation on the volume of traffic to be carried at exceptional rates, save such as may result from the action of the Railway Tribunal upon an application by the Minister for Industry and Commerce. The Act does not involve any principle of the abolition of exceptional charges to be achieved by the substitution...

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