Buttrose J:

These proceedings arise out of the disappearance of the 316-ton Panamanian registered freighter "Kien Kung" while on a voyage from Singapore to Penang and the consequent loss of all the cargo she was carrying, some million odd dollars worth of which was consigned to one firm in Penang, the Heng Thong Trading Co. whose manager was one Koay Kim Hai.

Loong Moh Company Ltd., the plaintiff in suits Nos 963 and 964 of 1963, took out two policies of insurance on the cargo which it was shipping on the "Kien Kung" , one with the Norwich Union Fire Insurance Society Ltd. (hereinafter referred to as the "Norwich Union" ) and the other with the China Insurance Co. Ltd. (hereinafter referred to as the "China Insurance" ) the defendants in the suits above mentioned.

The cargo insured with the Norwich Union in the sum of $123,805 consisted of tape-recorders and other electrical equipment while that with the China Insurance in the sum of $430,297, consisted of textiles.

The plaintiff brought an action against each of these insurance companies claiming these sums and at the trial I ordered that the two actions be consolidated and tried together.

In a third suit No. 660 of 1963 relating to other cargo, consisting of tractor spare parts shipped by Bian Guan & Co. on the "Kien Kung" and insured with the British India General Insurance Co. Ltd. (hereinafter referred to as the "British India" ) in the sum of $357,060, it was agreed by the parties that the facts found by the Court in suit Nos 963 and 964 of 1963 would be accepted in that suit, subject to the defendant's right to cross-examine the suppliers from whom the plaintiff purchased the goods. In the result this was done and the evidence for and on behalf of the plaintiff in that suit was called after the close of the plaintiff's case in suits No. 963 and 964 of 1963.

A further suit No. 1374 of 1963, relating to other cargo consisting of textiles and fountain pens shipped by Cheong Swee Cheng (trading as Hai Hong Shipping and Trading Co.) on the "Kien Kung" and insured with the Asia Insurance Co. Ltd. in the sum of $49,600, was ordered by me to be tried immediately after the conclusion of the first three suits above mentioned. When the case came on for hearing the plaintiff sought leave to discontinue his action but I ordered that it be dismissed with costs.

In suits Nos 963 and 964 of 1963 the plaintiff Loong Moh Co. Ltd., alleged that it was named as the assured in two policies of marine insurance issued to it by the defendants Norwich Union and China Insurance respectively and dated 24 December 1962 whereby the defendant, in consideration of the payment therein mentioned, insured the plaintiff and its assigns for $123,805 upon the tape-recorders and electrical equipment cargo and for $430,297 upon the textile cargo as specified in the policies shipped at Singapore on board the "Kien Kung" for the voyage Singapore to Penang, the insurance commencing from the loading of the cargo on board at the port of Singapore and until the said cargo was discharged and safely landed at the port of Penang.

The plaintiff further alleged that when the said cargo was duly shipped on board the "Kien Kung" the plaintiff endorsed the said policies in blank and despatched them to Heng Thong Trading Co. of Penang, the consignees of the said cargo but the said Heng Thong Trading Co. reassigned the said policies to the plaintiff when and after the said cargo was lost, having sunk with the said ship before the said voyage was completed, by reason whereof the plaintiff is now fully entitled under the said policies.

The plaintiff's case was that the ship, together with the cargo, was lost, having sunk with all the said cargo by perils of the sea or alternatively by barratry of the master and mariners, two of the risks insured against, and it was entitled to recover the full amount of the insurance.

In suit No. 660 of 1963 the plaintiffs, Bian Guan & Co. alleged that by a policy of marine