British-registered Co.'s Property Held by Chinese Court: Sued for Tls. 56,570
In H. M: Supreme Court, on a before his Honour Judge sir Skinner: Turner, the Ki nan Dock' & Engineering Works brought an action against the Hing Wha Paste Manufacturing Ca, claiming Tis, "56,670 balance due on a contract for the supply of machinery, interest at 8 per ent,, Tis. O88 for the wages of
the machiaory.is the property. fateien, and. doirton tet the plaintiffs: Mr. JH. Peosdale appeared for the" plaintiffs and it. ©, Mansel Reocs for the liquidator of the defendant com-that there would be an application for judgment by default. The customary natica as to liquidation had been inserted in the local Press and it Was assumed that after. that, the liquidation would forward in the ordinary way, therefore he applied fore stay of proceeding so that the liquidation tight pursue its course, The company was in voluntary liquidation, The matter had" become
fact that the Chinese had stepped yatiier complicated owing to the in and. taken ion of the Property, all of which" way in hanghai, although the proceed taken. in Hongkong."
Far iguidation "had been Me. Teesdale. said that the writ was dated April, 1033, but it was only. served tivo months go. Considorably more than a month had' passed since the liquidator defence, bue this had not been vas given an, opportunity to fle done, whilst Mr, Recoe apparent ly had received.no. instructions Whatever from the liquidator, nor lind the latter taken any stops to fitest the property in Bhenhad oANPADY slit to be wound skiv UP thee, jecey as all the. ansota"wete [ed here and there was no. property. in: Hongkong, Mir Heoce=-Wo hold' a. poser of attorney from the liquidator in Hongkong and Wo' had instructions to apply to. the" Chinese Court for an order that all actions he stayed there. 'They refused hear our application, 60 we oppeaied to Soochow, but there also they would' not hear" us. 'The erty, which cansigie of two flour Chinete Cour is holding the pro-Mills' "Who Ohinoad Court ord that the property should be put tap to auction, 107g BE company The Judgo—How car, they, if it
Mr. "Rooco—That is, what I shoulil like to know. Thoro is no foreign doment. and they are all Chinese, but it is n British com-there are various big creditors on a List, which sis "re cognized by the Chinese Court.
he Judge—How can they cognize itt Rooce—But_ what can {ot The Chinese Court refuses to hear us, The Judge—I believe this is the company that previously was stated to, have, a dual existence, being, registered in Hongkong and also. in. Peking.
Mr. Reoce—I know i am out of time, but what can we dot I have been "hoping to get, some satisfaction out of the Chinese Court and farther instructions from Hongkong. The company isn avery bed way and suppose there ly hance of it paying more than 40 per cent. the Chinese Court holds the proerly and nothing can be done about it, cannot make out what the procedure has been. There do not seem to have been any actions, but the Chinese Court simply walked in and took tha property.
Mr. Teesdale—Thore is no seal ci the Ohinese Court on our proser water thre may boo fuutside their "jurisdiction. Our "nyiting oleg, ea cur property is
watchmen are in charge of it.
'The Judge refased Mr.' Reece's Application and ordered that the case should proceed.
Mr. Kw Kwok-wha, a direc-for of the plaintiff company, said beyond Ferry Road, in Chinese territory, It was in the charge of plaintiffs? watchmen and painted fon the boiler was an inscription declaring that it was the. property of the plaintiffs and must mot ba mortgaged: to others. No emim to the machinery fad een made by any other party and he Hind received letter. from the Chineso™ Couirt. stating that they ropes e mill.
sok lain 6 super' of the Tudgment was given for the full claim, with costs. His Lordship said that ho could not make a declaration as to ownership, for it seemed that the plaintifis already had possession, but directed that, if the judgment had Jnot been satisfied in 14 days, the Plaintiffs could remove or sell the machinery, it being understood that they' would account for the first instalment by the] defendant a id
Text read from the printed page and cleaned; old type leaves the occasional error.