MAERSK (LANKA) PVT. LTD
VS
MINISTER OF PORTS AND AVIATION AND OTHERS

COURT OF APPEAL
SRIPAVAN, J(P/CA)
ROHINI PERERA, J
CA 1639/2006
JULY 26, 2007
OCTOBER 19, 24, 2007
NOVEMBER 5,9, 2007
DECEMBER 14, 2007
JANUARY 17, 2008

Writ of Certiorari - Shipping Agents Act, No. 10 of 1972-Sections 3, 8, 10(1),10 (2), 10(3), 10 (4) as amended by Act 8 of 2002 - Regulation ultra vires - is the Court entitled to look at the long title of the Act - 'Ejusdem Generis' Rule- Rule of Interpretation - Waiver, consent, acquiescence, estoppel ?

The petitioner sought to challenge Regulation 10- under the provisions of the shipping Agents Act 10 of 1972 on the basis that it is ultra vires the power.

vested in the Minister under Section 10 of the Act. The 1st respondent Minister empowered the Container Depot Operations to Levy Charges upon Shipping agents in accordance with a proposed Tariff services rendered to them. Prior to the issue of the Regulation of the Tariff was negotiated between the shipping agents and the Container Depot Operators.

It was contented by the respondent that the 1st respondent Minister is empowered to make regulations to Tariffs under Se