The Finance Company PLC vs Priyantha Chandana – sllr 2010 volume 2 page 220

In the case between The Finance Company PLC (appellant) and Priyantha Chandana and others (respondents), the court examined whether an absolute owner, specifically a registered finance company acting as lessor, could avoid liability for an offence committed with a leased vehicle—in this instance, the unlawful transport of timber in violation of the Forest Ordinance. The court held that liability cannot be avoided merely due to status as the absolute owner; instead, the owner must establish, on a balance of probability, absence of knowledge and proof that all reasonable precautions were taken to prevent the offence. This reaffirmed the principle of equal treatment under the Forest Ordinance between absolute owners and registered owners. The decision was reached by applying sections 24(1)(b)