SUPREME COURT

Dominion, Volume 11, Issue 5, 1 October 1917, Page 8

SUPREME COURT

SALVAGE CLAIM

STRANDING OP A LARGE BARQUE. Tho hearing of the claim for salvajc in conneotion with the stranding cf a barque at Pencarrow, which occurred, re cently, was concluded in the Supreme Court on Saturday, beforo the Chief Justice {Sir Robert Stout). Tho Union 6.5. Qrmpan.v claimed. ,C8C0( for the services of the Tera.iv.hiti, and there was a further claim of £2500 by Mr E. G. F. Zohrab, lug-owner, for tho services of tho tugs Admiral aud Karaka, Mr. T. M. wilford, with him Mr. P Levi, appeared for the Union S.S. Com papy, Mr. T. Neave /or Zohrab, and Mr Mr. Myers, with hjm Mr. L. L'E. Edwards for tho owners of the barque. Mr. Myers's Address. Mr. l[y©rs said that the caso had beer quite recently beforo His .Honour, who had. heard the evidcnco and had au opportunity of observing the demeanour of thf variouß witnesses, lie maintained thai the only element which the plaintiffs could hope to stress was the great value of the ship and her cargo. Counsel quoted vari ous authorities on'tho principle of salvage, and contended thai the present was a cas« in which plaintiffs wcro entitled to remuneration, but not as salvors. Uuduc weight should not bo attached to the value of:the ship, on whioh tho plaintiffs' claim was 'undoubtedly based. The real test wa« "for sorviecs rendered, their nature and duration." In tho present case, it wat littlo more than a tow for six or seven miles. Ho referred to a number of cases in which large amounts had heen awarded, but in such coses the services rendered Jiad been very much more meritorious than had been tho caso in the present .instance; he Also cited somo cases in which he claimed the circnmstanccs wore similar to-those of tho ca.se under consideration, but where small awards had been made. He did not dispute the fact that tho Admiral, and Karaka had rendered somo service, and the defendants were perfectly willing to pay what was reasonable, but had been unable to arrive at- an agreement owing to tho extravagant and exaggerated claims made by both plaintiffs. Thero was littlo other difference between Zohrab and tho defendants, except perhaps the extent of the danger tho Admiral and Karaka wore in. Tt was anomitted tho the Karaka was not at any time! in' danger. Tho Admiral certainly went *the nearest to danger, but wag ' warned by those on- tho stranded barque. In regard to tho "Union Company's claim, . Mr..Myers said that some of the evidence in support of it was that of persona directly interested. In the' words of a learned Judge, tho evidence was couched in extravagant and florid terras, not upusually used by persons claiming as salvors. Captain "Walton had 6aid that the Terawhiti had gone out fully equipped, while the fact-was-that the most essential portion of her equipment was lying in the' yard at Evans Bay. Neither was there a salvage crew on board the rerawhiti; with the exception of the captain and tho engineer it was a scratch crev:. Counsel went on to review the evidence of various witnesses for the company, and said that at U o'clock on the morning in question tbe -vessel, by the action 01 the wind and the tide, was clear of the rocks and afloatt It was plain that the barque could have been kedged off, and equally plain that . she could have been towed from her position by; any coastal vessel of moderato. power, it was Re-mitted-with. confidence that it had been proved there was no danger a*, all to tho Terawhiti. This had been testified to without the slightest hesitation by Cap'tain Dawson, the harbourmaster. Mr. Zohrab's Case. Mr. Neave, on behalf of Zohraib's claim, referred to tho nature of salvage rights founded on national policy,'*.and *ai<i it I had always 'been the practice of the AdI miralty Court to encoura-go attempts to ' save life and property at sea. Jt had been observed that there had been a. tendency of recent years to increase awards. His Honour remarked that when the rise in the value of money was considered, there had been no increase at all. Tho sovereign would not purchase now what it did a hundred years ago. Mr. Neave quoted authorities in support of his -client's claim, and emphasised on the services rendered by tho two tugs.' Mr. WUford's Address, Mr. "flllford, for the Union Company, quoted authorities in support of his contention that the remuneration should be liberal, 'looking not merely at the exact services rehdered. . He also referred to the degree of danger and damage, and said that the latter had been demonstrated by the fact -that the repairs to tho ship cost £12,000,

His Honour: That seems to mo an exorbitant sum. It is perfectly plain that ,it is not only a rise in the price of butter and choese w© have to face in New ZeaOontinuing, Mr. Wilford sajid that even if the vessel .was floating when the tow commenced (which was not admitted) shG was still in serious peril. It was no reply to tho claim to say that the wind changed to the north and the vessel could have been kedged off. It had been laid down that, steamers specially fitted for salvago purposes should be specially favoured in claims, and it was submitted that a special payment should be made for the services of the Terawhiti against any other ship which might hLI'VO been uECU. Tho exaggerated belittlement of circumstances on tho part of thoso whose valuable property had been salved and who were, endeavouring to minimise the amount oi remuneration payable was tho other side of the picture as to Mr. Myers s contention as to "extravagant and florid evidence. Mr. Wilford stressed the point that the Terawhiti is always ready, and •aid that In this case thg first consideration was tihe amount of property Rescued from pefil." The Union Company made no claim that their work was heroic, but tho company did claim that it had snyed the barque from destruction. The value of the vessel and cargo was about £150,000, and it Gould not be replaced at whatever sum the value might be placed for the purposes of the case. ® 6re been risk to the Terawhiti. The work was done in darltnesß, in a rock-strewn locality. While the Terawhiti-was l,)W >ng south, waa there not danger had tlift toTvinff-hawser broken i Then again, tho Terawhiti could '.not liave been !&■ placed had she gone down, and this point he desired particularly to ge would not presume to »7JX navment should bo made for tne servici-a of the Terawhiti--a, properly-equipped salvage specially built for the purposebut she was suroly entitled to special and liberal consideration. Jlis Honour reserved his decision.