High Court of Australia
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REPORTS OF CASES
DETERMINED IN THE
HIGH COURT OF AUSTRALIA
1915-1916.
(HIGH COURT OF AUSTRALIA.]
BERWIN g F ' 5 3 n 5 . APPELLANT ; AND
DONOHOE . é 2 5 Z ' . RESPONDENT.
A. BERWIN & COMPANY LIMITED '7 . APPELLANTS ; AND
DONOHOE . . fs F : - > . ReEsPponDENT.
ON APPEAL FROM A COURT OF PETTY SESSIONS OF NEW SOUTH WALES. H.C, or A. 1915. Trading with the Enemy—Attempt—Aiding and abetting—Evidence—Consent of = ~~ Attorney-General to prosecution—Trading with the Enemy Act 1914 (No. 9 of SypNzy, 1914), secs. 3, 6—Proclamation of 9th September 1914, clause 5—Acts Inter- Sept. 3; Nov.
pretation Act 1904 (No. 1 of 1904), sec. 8. SETS
B., the managing director of a company registered in New South Wales, on Grimth G3
25th September 1914 as such director wrote a letter to Amsinck & Co., their frases, igeins, business correspondents in New York, as follows :—" Mr. H. 'T. Moors" (an Gavan Duty, Powers and VOL. XXI. 1 Rich JJ.
H. C. or A. 1915. ~~
Berwin, ».
DoNnoHoE.
A. Berwin & Co. Lrp. v. Donowoer.
HIGH COURT (1915.
American subject) "of Moors' Samoan Trading & Plantations Co. Ltd. is at present in Sydney, and on his arrival here found that 215 bags of cocoa» which he had consigned to H. C. Bock" (a German subject who carried on business at Hamburg in Germany) "had not left Sydney. It is of course impossible to get this cargo away to Germany, and Mr. Moors has therefore consigned this parcel to Messrs. Atkins Kroll & Co., San Francisco. We thought that if there was a good opening for a first class cocoa in New York you might possibly assist in the disposal of same, and it may be advisable for you to get into touch with Messrs. Atkins Kroll & Co. for the purpose of getting samples of this and following lots. Mr. Moors does not know how to communicate with H. C. Bock to tell him of the disposal of the cocoa, and we also think it better to advise you as you would know the safest way of advising Mr. Bock as to the proceeds which are intended for his account and will be held by Atkins Kroll & Co. pending instructions from H.C. Bock." The evidence bore out the statements in this letter. B. also assisted Moors to obtain shipment of the particular lot of cocoa to San Francisco. Moors had told B. that he owed Bock money and intended to leave the proceeds of the cocoa in America at the disposal of Bock. On the several prosecutions of B. and the company of which he was managing director, for that on 25th September 1914 they did, at Sydney, in connection with the shipping of certain goods to San Francisco, to the intent and for the purpose that the proceeds of the sale thereof should during the continuance of the war be placed to the credit of Bock of Hamburg in Germany, attempt to trade with the enemy, the defen- dants were convicted by a Stipendiary Magistrate. On appeal to the High Court,
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