After it had been pointed out that Mr. J. B. Manley, managing director of the China Land & Finance Ca., respondent firm, had not filed written authority, as required by Article 157 of the Order in Council 1925, to represent his firm in Court at the original hearing, an appeal lodged by the First Trust Ca. of China was not heard in H.M. Supreme Full Court yesterday, the Judges decreeing that the action must be treated as it was on October 13, 1936 when an order was made to adjourn the case sine die with liberty given to either party to re-instate it on four days' notice.
Represented by Mr. M. Reader Harris, the First Trust Ca. of China appealed from a decision of the Assistant Judge on the taking of an action to damages. At the original hearing judgment was obtained by the company by consent of defendant company, which was represented by Mr. Manley. The amount of damages awarded not being considered sufficient an appeal was lodged, and this came up before Judge Sir Allan Mossop, Judge Athol MacGregor and Judge P. Grant Jones yesterday.
Mr. Manley, who appeared in Court, was asked by Judge Sir Allan Mossop if, as he had appeared in Court on February 16, 1937 for defendant company and had submitted to judgment as claimed by plaintiff in his statement of claim, he had filed written authority under the seal of the company empowering him to take on action on behalf of the company before he had submitted Mr. Manley replied that he did not recall having done so and His Lordship stated that they had not been able to find any evidence -of his having done so. Mr. Manley also stated that he had not filed written authority to appear on behalf of the firm in the Full Court as he had thought that 1 was not necessary.
Mr. Reader Harris stated that he had no objection to Mr. Manley appearing in Court provided that he did not give evidence, but His Lordship pointed out that it was not a question of hearing but of submitting to judgment. He asked that if we company went into liquidation would Mr. Harris be prepared to argue that this judgment binding on the liquidator. Mr. Hatris replied that respondent, represented by Mr. Manley, was ready to submit to judgment.
He submitted that there was no obligation on him to ascertain whether the authority had been filed in Court and the Judges agreed that he was entitled to presume that such authority had been filed. The decision was then entered British Ship on Fire London, June 6.
Fire broke out today in the s Llandaff Castle, a British cargo-boat which is in drydock here, The fire was mastered after a few hours of strenuous effort by firemen, but the vessel was damaged considerably.
It may be realled that the Llandaff Castle was seized by the Spanish Nationalist Fleet during the civil war in Spain.—Havas.
Text read from the printed page and cleaned; old type leaves the occasional error.