[1974]DLHC2318 • April 4, 1974 • High Court
REPUBLIC vs. CONTROLLER AND ACCOUNTANT-GENERAL; EX PARTE DIZENGOFF (W.A.) LTD.
The applicant, Dizengoff (W.A.) Ltd., a limited liability company, performed services for the Eastern Regional Administration and was owed ¢91,845.00. The Eastern Regional Administration issued a treasury draft for this amount to the applicant. Despite repeated requests, the Controller and Accountant-General (respondent) refused to authorize payment, citing a claim of ¢100,000.00 against the applicant in a pending suit by the Attorney-General. The applicant contended that the two sums related to entirely different transactions and sought a mandamus order to compel payment authorization.
read moreThe application is for an order of mandamus under Order 59, r. 2 of the Supreme [High] Court (Civil Procedure) Rules, 1954 (L.N. 140A), to compel the Controller and Accountant-General, the respondent herein, to authorise payment of certain sums of money due to the applicant. The applicant is a limited liability company. It performed some services for the Eastern Regional Administration and for those services the said Regional Administration became indebted to the applicant in the sum of ¢91,845.00. In November 1973, the Eastern Regional Administration sent a treasury draft of the order of ¢91,845.00 to the applicant. It is the case of the applicant that despite repeated requests, the respondent has refused to authorise payment of the said amount of ¢91,845.00 or any part thereof. In paragraph (5) of the affidavit sworn to by the general manager of the applicant company, the reasons for the said refusal have been set out. The paragraph reads as follows: “(5) That the Control...