Re Carl Heinrich Schurr;

This matter concerned an application by Robert McKeeman Oakley, the Public Trustee, under section 9D(2) of the *Trading with the Enemy Act 1914-1916*. The Public Trustee sought authorization to pay a mortgage debt and accrued interest, along with incidental legal expenses, from funds held by him in respect of Carl Heinrich Schurr, an enemy subject. The funds in question, totalling £1,844 11s. 11d., represented the proceeds of the sale of Schurr's company shares, along with dividends and interest received. The mortgage debt amounted to £1,400 principal, secured by a mortgage registered in the Office of Titles, which the mortgagee had called in. Counsel for Schurr appeared and indicated that while he did not consent to the application, he considered it to be in Schurr's best interests and sought costs.

The primary legal issue before the Court was the appropriate form of order to be made under section 9D(2) of the *Trading with the Enemy Act 1914-1916* to facilitate the payment of the mortgage debt and ensure the proper discharge of the mortgage. The Court was also required to determine the allocation of costs for the motion.

Starke J. reasoned that for the discharge of the mortgage to be effective, the order must stipulate that the mortgagee execute a proper discharge and deliver up all relevant title deeds and documents to the Public Trustee. The Court ordered that the Public Trustee be authorized to pay the principal, interest, and necessary costs, charges, and expenses to the mortgagee, Thomas Elford Edwards. This authorization was conditional upon Edwards executing a discharge of the mortgage and reconveying the mortgaged premises to the Public Trustee, free of encumbrances created by him, and delivering up all related documents upon oath. The costs of the Public Trustee and of Carl Heinrich Schurr were allowed out of the property held by the Public Trustee.