HARBOUR COLLISION.

Ashburton Guardian, Volume 57, Issue 244, 27 July 1937, Page 5

HARBOUR COLLISION.

DECISION OF MELBOORNFiCOUpT. ii-Ajau oui - * • ‘ • V • **,{ 1 • L \ t ..... :i * r United Press Associatiorfi—Copyright.) MELBOURNE, July 26. Giving judgment in Admiralty jurisdiction in the_High Court to-day, Mi Justice Dixon found thst tlle’steamei Caradale was blameworthy for the collision at Port Phillip Bay on Januaiy 19, resulting in the sinking of the Union Steam Ship Company’s steamer, Kakariki. The Union Company’s claim for heavy damages in the Admiralty Court will now be referred, to the Registrar of the High Court for the assessment of damages. Mr Justice Dixon said that those navigating the Caradale were off theii guard at a critical time, and fell into excitement and confusion. He thought a mistake was made by tlvei master of the Caradale in putting the helm hard to starboard. He saw that the Kakariki had gone to port, and if he too had ported his helm the collision would not have occurred. Mr Justice Dixon said that those reverses the finding of the Marine Court, which held that the Kakariki was to blame. It is yet to he decided whether the judgment will take the form of a personal judgment against the owners, or against tlvei Caradale and her cargo. Mr Justice Dixon dismissed the counterclaim by the Caradale and her cargo and also a claim by the Caradale owners. A stay of proceedings for a month was granted.

The Union Company claimed £50,000 from “tlvei ship Caradale, her freight and cargo,” for the loss of the Kakariki, which was involved in a collision with the Caradale in Port Phillip Harbour. As a result the Kakariki was sunk and five lives were lost. The de-: fondants counter-claimed for £25,000. The hearing began on June 21.