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Issues: Whether the Customs authorities were under a public or statutory duty to issue a detention certificate for goods detained for customs purposes, and whether such duty could be enforced by a writ of mandamus.
Analysis: The right to seek a detention certificate was held to arise from the Customs Act scheme governing detention, examination, testing and clearance of imported goods, read with the demurrage rules under the Port Trust rates. Where goods are detained for customs purposes and the delay is not attributable to the importer's fault or negligence, the statutory power to detain and examine imports carries a corresponding duty to issue a certificate so that the importer may obtain the concessional or free demurrage benefit contemplated by the rates. The earlier view that no statutory or public duty existed was rejected, and the public notice was held not to be decisive against the existence of such duty.
Conclusion: The Customs authorities were held to be under a public duty to issue a detention certificate in the circumstances contemplated by the demurrage rules, and a writ of mandamus was maintainable.
Ratio Decidendi: When a statute confers power to detain and examine imported goods and the relevant demurrage rules make a detention certificate the basis for concession, the customs authority has a corresponding enforceable duty to issue the certificate where the delay is not attributable to the importer.
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