Interim restraint on detained cargo lifted, with sale permitted and ground rent liability left for High Court determination.

The interim restraint on disposal of long-standing container cargo was set aside because the containers had remained detained for an extended period, the consignees had not taken effective clearance steps, and the port area needed to be freed. The Port authority was permitted to sell the goods by public auction or private treaty if a better price was obtained, subject to prompt clearance by purchasers. Liability for ground rent was left to be decided by the High Court on merits, with the amount to be deposited and kept in an interest-bearing account pending that determination.

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Issues: Whether the interim order restraining disposal of long-standing container cargo should be vacated and whether the Port authority could be permitted to sell the goods pending resolution of the dispute regarding ground rent liability.

Analysis: The interim order was set aside in view of the prolonged detention of the containers, the absence of effective steps for clearance by the consignees, and the need to free the port area. The Port authority was permitted to sell the goods by public auction or private treaty if better price was obtained, with directions for prompt clearance by purchasers. The question of liability to pay ground rent was left for decision by the High Court on merits, with the amount to be deposited and kept in interest-bearing deposit.

Outcome: The appeals were disposed of with directions permitting sale of the goods and leaving the ground rent dispute to be decided by the High Court.

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