Port Romilly Legal
p. 34 · Read in the full issue
Tangle.
To the Editor.
Sir, —With reference to a recent number of “The Pacific Islands Monthly,” I note an ac count of the case of the Port Romilly Sawmills, Ltd., in liquidation trouble.
It may be said that the particulars generally are somewhat misleading, owing to the accounts which have gone forward. To give you a better understanding of the actual case I include here with a true copy of the judgment given in the Central Court of Papua in the case of Mc Kinnon v. Port Romilly Sawmills, Ltd.
I was the liquidator in question, who sold the mill to McKinnon and a writ was issued accusing me of under value and collusion. I think if you will particularly scan the last two pages of this judgment you will find that the Judge remarked that all idea of fraud and fraudulent preference can be thrown to the four winds.
There are many other aspects in the case which are somewhat unpleasant, but I will not repeat them here. But I do ask you to give prominence to what I may term the clearance of my name—that is why the judgment is sent to you.
People who hardly know me have approached me with the P.I.M., and said that the report appears to be very harmful and not altogether in accordance with facts. For instance, I am totally unaware of anybody having approached the court for an examination of myself as re gards accounts. In fact, to the contrary, after the McKinnon delivery case, my case came on for the compulsory winding up by the Court of the Port Romilly Sawmills, Ltd. The other side had applied for winding-up under the sup ervision of the Court. The two petitions were taken together, with the result that my peti tion for the compulsory winding-up was granted, with costs. Mr. Kerr, the B.N.G. Trading Co s accountant, had been acting as liquidator but our nominee, Mr. James, was appointed liquida
tor by the Court.
I am, etc.,
A. S. Fitch.
Pt. Moresby, July 16, 1932.
EDITORIAL NOTE.—We acknowledge receipt of the copy of the judgment. We defy anyone, who has not followed this complicated case very closely, to summarise the Court’s pronounce ment. So, in justice to Captain Fitch we have published his letter, just as he wrote it—though probably it was not written for publication.