Samuel McCausland Ltd v Ministry of Commerce

JurisdictionNorthern Ireland
Judgment Date01 January 1956
Date01 January 1956
CourtCourt of Appeal (Northern Ireland)
(C.A., N.I.)
Samuel McCausland, Ltd.
and
Ministry of Commerce

Industrial undertaking - Manufacture of goods - Processing of ryegrass seed - Re-equipment of Industry Act (Northern Ireland). 1951 (14 15 Geo. 6, c. 2), s. 13.

The Re-equipment of Industry Act (Northern Ireland) 1951, provides for grants towards the re-equipment and modernisation of industrial undertakings, and section 13 of that Act defined "industrial undertaking" as meaning any person or body of persons engaged in "the manufacture of goods." A company carried on the business of processing, machining and marketing ryegrass seed. The processing and machining consisted of drying the seed and passing it through a series of sieves and mechanical separators which removed foreign matter, seed other than ryegrass seed and defective ryegrass seed and reduced it in bulk by approximately one-twelfth. The resultant bulk was not less than 98 per cent. pure ryegrass seed. Held, by the Court of Appeal (Lord MacDermott L.C.J., and Porter L.J., Black L.J. dissenting) that though the company did not manufacture...

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12 cases
  • Irish Agricultural Machinery Ltd v S. Ó Culacháin
    • Ireland
    • Supreme Court
    • 1 Enero 1990
    ...within the meaning of the section. Charles McCann Ltd. v. Ó CúlacháinIR [1986] I.R. 196; McCausland v. Ministry of CommerceDNI [1956] N.I. 36; Prestcold (Central) Ltd. v. Minister of LabourWLR [1969] 1 W.L.R. 89 applied. 4. That it was not necessary for the court to decide whether or not th......
  • Charles Mccann Ltd v Ó Culacháin Inspector of Taxes
    • Ireland
    • High Court
    • 1 Mayo 1985
    ...McCann Limited Appellant and S. O'Culachain Respondent Cases mentioned in this report:— Samuel McCausland Ltd. v. Ministry of Commerce [1956] N.I. 36. Inspector of Taxes v. Kiernan [1981] I.R. 177; [1982] I.L.R.M. 13. Revenue - Corporation tax - Profits - Relief for goods manufactured withi......
  • O'Connell v Tara Mines Ltd
    • Ireland
    • High Court
    • 4 Abril 2001
    ...Ltd v The Minister for National Revenue 71 DTC 5231. McCann v Ó Cualacháin [1986] IR 196, III ITR 304. McCausland v Minister for Commerce [1956] NI 36. North Australian Cement Ltd v Federal Commission of Taxation 89 ATC Ó Culacháin v McMullen Bros Ltd V ITR 200. Reynolds Australia Alumina L......
  • O'Connell v Tara Mines Ltd
    • Ireland
    • Supreme Court
    • 10 Octubre 2002
    ...goods within the meaning of the 1976 Act, s.53 aforesaid. Having regard to the decisions in McCausland v. The Minister for Commerce [1956] N.I. 36; Cronin v. Strand Dairy Ltd (1985) 3 I.T.R 441; McCann v. O'Culachain [1986] I.R. 196 and Irish Agricultural Machinery Ltd .v. O'Culachain [1......
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