The Lord Strathcona (No. 2)
| Jurisdiction | England & Wales |
| Judgment Date | 27 November 1925 |
| Date | 27 November 1925 |
| Court | Probate, Divorce and Admiralty Division |
Probate, Divorce, and Admiralty Division
Hill, J.
The Lord Strathcona (No. 2)
The Lord StrathconaDID=ASPMELR 16 Asp. Mar. Law Cas. 536 133 L. T. Rep. 765 (1925) P. 143
Practice Mortgage action Intervener ordered to give security
24 ASPINALL'S MARITIME LAW CASES. Adm.] The Lord Strathcona (No. 2) [Adm. Nov. 16 and 27, 1925. (Before Hill, J.) The Lord Strathcona (No. 2). (a) Practice - Mortgage action - Intervener ordered to give security - Judgment - Order for security in a further sum. In a mortgage action a plaintiff obtained judgment in default of appearance, and an order for sale of the vessel. Subsequently leave was given to interveners (foreigners) to set up a counterclaim raising an issue between the plaintiffs and themselves, pending the determination of which the sale was ordered to stand over upon terms that the interveners gave security in a sum satisfactory to the registrar for loss of interest, expenses of the marshal, and any loss occasioned to the plaintiff by a fall in shipping values in the period during which the sale stood over. The interveners having given such security, and the issue having been determined against them, Held, on the plaintiffs application, that the interveners, as they were disputing the plaintiff's claims at the reference, might be ordered to give security in a further sum. Summons adjourned into court. The plaintiffs, the Old Colony Trust Company, as mortgagees of the defendants' steamship Lord Strathcona, had obtained, on the 26th Jan. 1925, judgment in default of appearance pronouncing in favour of their mortgage and an order for appraisement and sale. On the 11th Feb. 1925 an appearance was entered by the Dominion Coal Company as interveners, and on the 3rd March 1925 leave was given to them to counterclaim, and the order for sale was ordered to stand over pending the trial of an issue between the plaintiffs and the interveners, namely, whether the plaintiffs were bound to perform a charter-party made between the defendants as owners of the Lord Strathcona and the interveners as charterers, and the interveners were ordered to give security in an amount satisfactory to the registrar for loss in respect of interest arising from May and any loss on sale by reason of a general fall in shipping values. Such security was given by the interveners in the sums of 8000l. in respect of possible loss by fall in shipping values, 800l. for interest, and 200/. for marshal's expenses. On the 15th July 1925 Hill, J. gave judgment in favour of the plaintiffs, dismissing the claim of the interveners, and awarding to the...
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