Cargills Agrifoods Ltd. vs. Mrs. Kalyani Dahanayake et al – CA WRIT APPLICATION NO. 198/2012-2012

In Cargills Agrifoods Ltd. v. Mrs. Kalyani Dahanayake, Commissioner-General of Inland Revenue, et al., the court considered whether the dismissal of the Petitioner’s application at a date set to consider the extension of interim relief should be vacated as per incuriam, due to denial of a fair hearing on final relief. It was held that the prior dismissal was made in error, resulting in prejudice to the Petitioner by preventing arguments on the merits. The decision established that the court retains inherent authority to set aside its own orders made without due hearing or in ignorance of law or precedent. This principle, grounded in the doctrine of per incuriam and relevant case law, was affirmed, highlighting the judiciary’s continuing power to correct procedural errors to prevent injusti