MISSING CASE OF

Dominion, Volume 14, Issue 280, 20 August 1921, Page 12

MISSING CASE OF

CLAIM FOB LOSS PUT IN TOO LATE. . The cas© of the New Zealand Hardware Co. Ltd. (Invercargill) against Dalgety and Co. Ltd., agents for the ship Titania, was decided yesterday by Mr. E. Page, S.M., in a considered judgment. Plaintiffs claimed x£G7 17s. fid. for short delivery of a case of padlocks. The action was brought under section 302 of the Shipping and Seamen’s Act, 1908. This section provides that th© agents of a ship not registered in New Zealand are responsible for payment of claims for short delivery or pillage of cargo after the departure of the vessel. It is also provided that no claim can be taken unless notice of the claim is giren to the agents 14 days after ths delivery oi the cargo in respect of which a claim is made. This latter provision formed the main defence, and the Magistrate, after reviewing Hie facts, said that it had b?en decided by the Court of Appeal in the recent case of Lypns v. U.S. and A. Steamship Company, that the Wellington Harbour Board, receiving goods from an overseas vessel, received then as agent for th© shipowners, and held them ns such agents until the issue hv the shipowners to the consignee of a delivery order on the Harbour Board. It seemed to him that as between shipowners and consignees the cargo consigned bv the bill of lading, with the exception of the one case short delivered, was delivered at the date the delivery order was given, viz., on April 1, 1920. The plaintiffs’ cargo covered by Die bitt of lading consisted of 37 packages. I his cargo was delivered on April 1. *l nB ca=e proved to bo short delivered. They had fourteen days from April 1 in wlucn to file their claim. The right of action was subiret to Die statiitcry limitation to notire. Unless that notice was duly given, the benefit of the section was lost. The Magistrate was of opinion (hat the notice of claim was too late, and accordingly entered judgment for defendants with costs. At th© hearing. Mr. .1. C. Morrison appeared for plaintiffs, and Mr. A. u. Blair for Dalgety and Co.