COURT OF APPEAL

Dominion, Volume 11, Issue 183, 23 April 1918, Page 9

COURT OF APPEAL

CLAIM FOR SALVAGE THE TERAWHITI'S SERVICES Another phase of tho Union Steam Ship Company's claim, in connection with tho salvage "of a vqssel - was. hoard in' the Court of Appeal yesterday,''before Their Honours Mr. Justice Edwards, Mr. Justico Cooper, Mr. Juetico 'Chapman, and Mr. Justico Sim,

Tlio , vessel in question went on tlio . rocks at. the enlranco to .Wellington Harbour on Juno 18 last, and in . the Su- . prcnio Court tlio Union Company sued tho owners for ,£SOOO, for services rendered,.by the lug -Terawhiti.' Tho action was heard by the Chief Justice Sir liobert Stout, who awarded the company . .£IOOOI ■. 'Against this decision tho company appealed, holding that tho amount awarded was "plainly' inadequate. '. At yesterday's proceedings Mr. (..-P. Skerrett, K.C., with him Mr. P. Levi, appeared for the Union Steam Ship Company (appellants), sftid Mr. M. Myers, with him Mr. Edwards, for tho owners of the ship /the' respondents). . In. traversing the proceedings in tho previous action, Mr., Skerrett said that two claims were mado against the owners of the ship. One ivas by. the Union Steam Ship Company, and tho other' was by, E. G. F. Zohrab. The latter; company owned two smaller vessels, and it was allowed ,£l5O for the services rendered to tho distressed vessel. Tho Zohrab Company was not appealing, •the amount awarded to the Union Company was clearly inadequate. It would not bo denied that tho services rendered nvT Terawhiti wero salvage services. J-j 1 ? Chief Justice had regarded the Terawhiti s services as small, but of a meretonous character. At the time the ship went on the rocks she was heavily laden, ni repairs to the vessel was A 12.000. Counsel, went on to stress tho tact that the Terawhiti was the only salvage tug available in the North Island. She always had steam up, and was ready night and day for emergency. Her primary duty was that of a salvage • tug, and she was carried on at an annual | was of .£ISOO. This loss was outside of i her salvage services. Such a tug as the lerawhiti.had a plain duty to carry out "•.any vessel in. distiess, and was en-' titled to be awarded fully and liberallv I for services rendered. His Honour had I held that tho JCerawhili was mainly con- ! cerned in towage work for the Union I Company. Appellants contested this, as I tho i erawhiti was open all times for t salvage work. There was not a case on 1 record where a vessel, of the value of. tho I one in question had been 6alved and the j reward used at so small a sum as ,£IOOO. iUr. bksrrott then detailed the basis on winch the appellants rested their claim, «s follows: II) That the-learned- Judge flirt■ not give due weight to the great Sri?'?- ■ f hip ' cai °°> an<l freight; W tuat no reference was made to the danger incurred by the Terawhiti, and tne _ merit of her services, particularly having regard to the fact that tho seri vices ij-ere rendered on a dark night in a dangerops. and .unsurveyed zone; (,')) that, no reference, was made'■ and no P , acec ' 011 thi? circumstances that it the salvage had not been successful the owners of the Terawhiti could have i ecovered nothing;..\4). the. danger to the snip at 3 a.m. was misconceived by the t} h '; ee 'roas°iis:-(a) Ho should have found, that the ship was, botli at • «•'»• and also at 5.30 a.m., in creat danger; (b) that the danger was lik'ely to he incfeased by a falling tide; (c) that I Lw-f ir 1 ; s^ ar T det 1 1 t] »e peril of the ship, (o) that the Judge allowed uo considcration, for the-fact that the Terawhiti was a 'salvage lug nvailablo primanv *9 oW. .After citing further grounds, counsel concluded by stating that, lastly, thft appellants submitted that tho award:-of the Chief Justice was so inadequate as to ho unjust to the salvors.

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