Fiji Banana Planters & Agricultural Producers Association v Banana Marketing Board [1964] FJLawRp 46; [1964] 10 FLR 128 (5 August 1964)

[1964] 10 FLR 128

SUPREME COURT OF FIJI

Civil Jurisdiction

THE FIJI BANANA PLANTERS AND AGRICULTURAL PRODUCERS ASSOCIATION

v

THE BANANA MARKETING BOARD

Hammett P.J.

July 2nd, August 5th, 1964

Industrial associations — objects — to preserve safeguard and promote interests of agricultural producers — no power to grow or deal in produce — object not incidental or implied — Industrial Associations Ordinance (Cap. 94) — Banana Export and Marketing Ordinance, 1960.

The applicant Association, having obtained leave, filed a notice of motion for an order of certiorari to remove into the Supreme Court and quash the refusal by the respondent Board to grant to the Association a suppliers licence under the Banana Export and Marketing Ordinance, 1960. The Association is registered under the Industrial Associations Ordinance and under its constitution, membership is open to persons whose occupation is planting and selling bananas and certain other agricultural produce. The objects of the Association are to preserve safeguard and promote in a number of ways the interests of banana and agricultural producers and to do all such acts or deeds as are incidental or conducive to the attainment of the objects.

Held –

The Association was not formed for the purpose of growing or dealing in produce but to safeguard the interests of growers and traders. To treat the growing and supplying of bananas as an incidental or implied object would be to hold that the Association was empowered to trade in competition with its own members. Such activities would be ultra vires and the application would be dismissed.

Notice of motion for order of certiorari.

R. A. Kearsley for the applicant Association.

G. N. Mishra for the respondent Board.

HAMMETT P.J.: [5th August 1964]—

The Fiji Banana Planters and Agricultural Producers Association is an Industrial Association registered under the Industrial Associations Ordinance.

On 11th April, 1963, this Association applied to the Banana Marketing Board for a suppliers licence under the Banana Marketing Board Ordinance. The Board refused to grant this licence and so informed the Association by letter dated 1st May, 1963.

On 20th February, 1964, the Association applied to the Court for leave to apply for a writ of certiorari against the Banana Marketing Board and leave to do so was granted on 6th March, 1964.

On 1st April, 1964, the Association filed a notice of motion returnable on 9th April, 1964, for an order of certiorari to remove into this Court and quash the refusal by the Banana Marketing Board to grant a suppliers licence to the Association.

On 9th April, 1964, Counsel for the Association applied for and was granted an adjournment to consider the matter further in the light of the affidavits filed in opposition of the motion. There is no note on the file of any application having been made by the Association to restore the case to the list for hearing and it appears that it was the Registrar who brought it before the Court again on 2nd July, 1964, for determination.

On 2nd July, 1964, I heard Counsel and intimated that the application would be dismissed for reasons I would record and pronounce later. This I now do.

By Clause 3 (a) of its Constitution membership of the Association is open to persons whose occupation is planting and selling bananas and other agricultural produce other than sugar cane and copra. Its objects are contained in Clause 2 of its Constitution which reads as follows:

"The objects of the Association shall be as follows:

(i) To preserve, safeguard and promote the interests and welfare of Banana and Agricultural Producers in the Colony of Fiji;

(ii) To encourage, foster and promote co-operative enterprises amongst Banana and Agricultural Producers in the Colony of Fiji;

(iii) To obtain and disseminate information relating to Banana planting and Agricultural produce in Fiji;

(iv) To make representations to all those concerned on behalf of Banana Planters and Agricultural Producers in the Colony of Fiji upon all matters affecting their general interest and welfare;

(v) To organise and establish marketing boards to assist Banana Planters and Agricultural Producers in selling their produce;

(vi) To purchase or take or lease or otherwise acquire property movable or immovable for the purpose of the Association and to improve, manage, develop, lease or otherwise deal with all or any part of the property of the Association;

(vii) For the purpose of the Association to borrow and raise money in such manner as the Association may think fit;

(viii) To carry out all such acts or deeds as are incidental or conducive to the attainment of all or any of the above objects."

It is clear that this Association is not a trading body and was not formed for the purpose of growing or dealing in produce but for the purpose of safeguarding the interests of produce growers and traders.

I have been invited to treat the growing and supplying of bananas A as one of the implied or incidental purposes of the Association. To do so would be to hold that the Association is empowered to trade in competition with its own members. In my view the Association was not formed for such an object and such activities would be quite ultra vires its own Constitution.

For these reasons alone this application must be dismissed. It is not, therefore, necessary for me to give further consideration to the other grounds upon which the application was opposed.

I reserve the question of costs.

Application dismissed.