:
COPY.
Enclosure
: 30373
REC
REG 27 JUN 16
56
Hon: C.S.
1. The cargo came forward on the British ship
"Loong Sang" and was therefore liable to Prize Vourt proceedings
here.
2. The liquidators have out of other assets paid the
Dresdner Bank the sum of £4,291.99, which represents the amount
of the bill and interest. They have never received any account
from the Dresdner Bank for the cost of transhipping and bring-
ing forward the goods, possibly because the charges have not
yet been adjusted, as is also the case with regard to the cargo brought forward to Hongkong from the Dutch East Indies and the Philippine Islands. The goods realised $4,329.92 so that the balance is only $37.93. The liquidators have charged nothing
for selling the goods, and their commission would more than cover the surplus even if the Dresdner Bank make no claim for forward-
ing expenses.
3. I therefore think that we should consent to the
payment out to the liquidators of the sum of 84,291.99, and that
the balance of £37.93 should remain in the Prize Court to await
there a claim by the Dresdner Bank for forwarding expenses or
a claim by the liquidators for selling expenses. Strictly speaking the Dresdner Bank should pay the liquidators for sell- ing the cargo, but for convenience sake I have treated the case as if the liquidators were entitled to be paid direct out of the proceeds.
(8D.)
J. H. Kemp
Attorney General,
17.4.16.