COURT OF APPEAL

Dominion, Volume 11, Issue 199, 11 May 1918, Page 13

COURT OF APPEAL

CLAIM FOR SALVAGE SERVICES OP TICE TERAWHITI

Judgment was deflivered in tho' Appeal Court yehti'rdaj- in if6peot f to ,tne Union Steam Ship 'Company s claim' in connpetinn with the; salvage of. a' vessel bj- the Tera.whiti. .... The vessel in question went oh to the' rocks ut thf< entf'oncp to AVcllington Harbour on .Tnno 18, 1917, and in the

Supremo Court the Union Steam Ship Company siH tho owners for £8000 for services rendered by the tug Terawhiti. Tho ease was hoard by tho Chief .Tust.ii'.B (Sir l?obi<rt (.Stout), who awarded the company £M!>. .Against this decision the company-appealed, holding that . tho amount awarded was "plainly inadequate," The ipounds en wliicli tlio ap- i pollants rested, their clnim were as fol- l .low:-, ■ -■ • | (1) That t)ie : le.irned Judge did jot-give I due' weight 'pa the great value, of .tho,| (shin.- cargo .-•(ukI freight. i (■:(&) That .if. reference was made to the l !idanger incurred by the Terawhiti. and I !| life merit ijf her services, particularly J having regFird to the-fact that the ser-! vines were fend; red on a dork night in <v' dangerous and uiisnrveyed sone. . ~. (3) That, no reference- was mado and > no weigi.e placed on tho circumstances! that if the salvage, had.nut bion success-:, , ful tho owners ,of the Terawhiti could' [ have recovered no/.hing ' U) That Urn ilfing.tr to tho ship was ! misconceived by the Judge for three i '•'Ttosons: (a) Ib>\should have found that I 'l.ne-..shin was. -both at 3 a.m. and also lit 5.30,.a:in. in .great danger; (b) that the danger wus- likely to be increased by a. •allinir tfid'jj'fc) that the .iudge disrer . garded. the' pavil oi the ship.-." ■ i's) That (h*-. Judge allowed no crynfiideration ior' the fact that the Ti'ra- , »liiti was <i salvage tug available- prir. j marily to all. ' • • ] The decision of tho Court was, i-ead by, j His Ildiwur Mr. Justice Sim, Tht judg-) ment said: "Tho view taken by ftis Hon, our (Kir 'Robert Stout) Was tlwt aft.ir sho.hud-ilented and so long as the wiiid remained northerly the ship wus not .in' jnny danger, but could have remained I where' she was in. perfect safety for .ah I indefinite time. Their Honours 'were. imablo to agree with this View of . the n-.atter, and said tlie conclusion to bo drawn from the.evidence wns thaV tho. ship was,in a dangerous position until she- had flowed clear of the rocks' by the Terawhiti. She was surrounded by. rocks,; aud hiul no ltargiu.of safoty.' Sho.iVas held- by, rpi.<-lienor on her port' .bw; but thorn: wo/s nothing to hold hi*t■ i i.tt.stqrn'l-she whs. helpless;, and. Vas really . 'afy,tho'.mercy ;of ,'wind And tide. -'Any- i thing- mjgnt have-:.-happened to' her'ivh'ile'i 'm'.that,.situation.:.Sh6 ; \v'is a heavy-ship ! heavily-ladon,. ay>d iniirht have .rfjjck at" the r«xt low tide." Aim ,re-! viuwing the evidence gfrcn iy, the Su- i prerao Court, fheir Honours went on to i say: "Tho corplusion to be drawn from ; that was that after the ship; •had floated-o/f she was bumping on tho I rocks, und was in danger n any moment: °J having her hall pureed. It appeal's'; that His flaneur (Sir iiobert Stout) in '■ making l-,is award had not recognised I tully the, danger in which the ship '««- \ tually w/as when salvfel, and had con-' sidered 3nly the possibility of danger io. I the event of tho wind goiug round again ! to south." Their Honours thought alsr, that due weight had not been given to the valuß of the property salved. Tho was worth .£78,125, ojid the cafo j /and freight J;6i,3(i5, 'making a total of ' the cost of repairs was .£I2JuOO, leaving a total of XiVl/gX) «s the net 1 vu.ln-6 of tho property salved. Tho i amqunt allowed was less than 1 per cent, of that total. The. Court held that tho 'value of the property. salved was always'ah important' consideration in the assessment of an award of that naturo, and it had befen. held that it was he first thing to bo considered. . The lourt' thought, therefore, that the

amount awarded must be Tejarded as inadequate, and ought to be increased to .£2500. If it had been cluar that the Terawhitt lad been in .inj- dunger when •performing..th«j salvage, appellant' would have been," entitled to M still lavger award, but that had not I been wade- out. i:. The amount of the .award was accordingly increased to -with costs in favour of' appellants en- -the highest scale, ' ■ • ■ At the hearing, Mr. C. P. Skerrett, with him Air. P. Levi, appoarcd for the appellants, and. Mr. M. Myers, with bin; Mr. E. I,'E. .Edwards, for the respondents.