THE "BAARN."

(1934) 49 Ll L Rep 245

COURT OF APPEAL.

Before Lord Justice Scrutton, Lord Justice Greer and Lord Justice Maugham.

Conflict of laws-Collision-Damages- Validity of payment-Rate of exchange -Collision between Chilean steamship "Bio-Bio" and Dutch steamship "Baarn" off Ecuador-"Bio-Bio" repaired in Chile, repair bill being paid by owners in Chilean pesos- "Baarn" arrested by "Bio-Bio" in England-Admission of liability-Consent to reference under R.S.C., Order 52, r. 23-Bail lodged by "Baarn"- Application by "Bio-Bio" to fix day for reference-Depreciation of Chilean currency-Claim of "Bio-Bio" met by deposit (payment by "consignation") of pesos in Chilean bank by "Baarn" in accordance with order of Chilean Court-Power in "Baarn" to withdraw deposit-Motion by "Baarn" to dismiss action and discharge bail- Decision of C.A. that payment by "consignation" was not a good payment -Whether a payment on account -Impossibility to purchase foreign currencies in Chile with pesos.