SHIPPING CASE

Dominion, Volume 12, Issue 5, 1 October 1919, Page 3

SHIPPING CASE

LIMITATION OF A BILL OP LADING. His Honour Mr, Justice Edwards dc,livered: reserved judgment yesterday in the case of Huddart. Parker, Ltd., v. It. K. M'Gowan. This was an appeal from the judgment of Mr. \V. U. Kiddell, S..U. The case in the Lower Court was an action brought by M'Gowan to recover damages for an alleged breach of contract on tho part of Huddfirt, Parker, Ltd., for carriage of ft potato digger, from Auckland to Brisbane, and ior conversion of same. Tho Magistrate entered judgment for tho plaintiff for. «£l2 damages. His Honour held that it was not necessary to determine whether or not tho company was liable for the consequences resulting from the loss of tho bill of lading, for they subsequently put themselves- in tlie wrong in tho first place by selling tho goods, and in tho second placo by thoir refusal after they had received the goods from tho purchaser to deliver them to tho plointilf without 'payment of freight and charges incurred. "1 may add that the bill of lading does not confer upon tho defendants (Huddart, Parker, Ltd.) any power ol' sale, and tlnit ■ apart from contract or somo statutory provision, tlio shipowners' lien does not confer a power of sale, but is merely a right to keep possession, and to resist all claims to take away., tho goods until his claim has been discharged/' His Honour held that tho shipowners were guilty of the conversion of the goods, and the question was whether or not the right to recover the value of tho goods was affccted by the subsequent offer by the ■shipowner to restoro the goods. His Honour was of opinion that M'Gowan was entitled to recover the value of his goods, uiul that judgment should have been entered by tl.o Magistrate for tho sum agreed—X'llo, villi costs. "Ati first sight, and w.lhout expressing any definite opinitri nl'-rnt the matter, it appears to me _ probable that tlio nearest approach to justice that is id to allow the appeal withuull costs to either party, and to order a new trial Wore the Magistrate."

At the hearing Mr. H. E. Evans appeared for Jl'Gowan and Mr. A. W. Blftir tor lluddart, I'arker, Ltd.