N. Ekanayake vs Sri Lanka Ports Authority – 58/2012-2012

In the case between N. Ekanayake (trading as Midland Enterprises) and the Sri Lanka Ports Authority with others, the court addressed whether the Sri Lanka Ports Authority (SLPA) could retrospectively apply a revised port storage tariff to vehicles imported and stored prior to the effective date of the new tariff. It was determined that the revised tariff, effective from 1 February 2012, was to be applied prospectively only, and the imposition of increased charges for prior periods was ultra vires the authority of the SLPA. The court issued a writ of prohibition against the retrospective application of the new rates but declined to grant a writ of mandamus due to insufficient evidence of refusal of public duty. The decision reaffirmed the principle that subordinate legislation, including ta

REF: 58/2012-2012 Category: Tag:
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