Lanka Marine Services (Pvt.) Ltd. v. Sri Lanka Portsauthorityand Others – sllr 2005 volume 3 page 060

In the case between Lanka Marine Services (Pvt) Ltd and Sri Lanka Ports Authority and others, the court addressed the issue of whether statutory powers granted under Act No. 33 of 2002 to the Minister can be restricted by the contractual terms of a pre-existing Common User Facility (CUF) agreement. The court determined that statutory authority conferred by Act No. 33 of 2002 prevails over prior contractual obligations, holding that the impugned licences were lawfully issued pursuant to statutory power. The application to quash these licences was dismissed, reaffirming the principle that statutory duties take precedence over contractual terms when both are in conflict. The decision relied on principles of statutory interpretation and the distinction between public law remedies and contractu

REF: sllr 2005 volume 3 page 060 Category: Tag:
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