£19,726 DAMAGES

Gisborne Herald, Volume LXVI, Issue 20058, 3 October 1939, Page 3

£19,726 DAMAGES

SINKING OF KAKARIKI LITIGATION ENDED Long litigation, arising from the collision between the steamers Kakariki and Caradale in Hobson’s Bay,* Melbourne, on the night of January 26, 1937, has at last been resolved with the order that the owners of the Caradale, James’ Patrick (and Company, Limited, lnust pay £19,726 16s lOd damages for loss of life, injuries and damage done to the Kajcariki and her cargo.

The Kakariki, which belongs to the Union Steam Ship Company of New Zealand, sank with the loss of five lives. She has resisted salvage efforts and still lies off the Gellibrand Light, n considerable menace to shipping. During foggy weather in winter a man has been stationed in her funnel to sound a warning siren. It is doubtful whether she can be raised more or less intact or whether it will be necessary to blast her to pieces to remove the danger to shipping.

Mr. Justice Dixon, of the High Court, had left the assessment of damages to the Principal Registrar of the High Court, Mr. J. G. Davies, whose report has now been confirmed by the Court. Claims for loss of life and personal injuries were assessed by Mr. Dayies at £5433 19s 3d. Mr. Justice Dixon had limited such claims to £7 a ton of the Caradale’s tonnage, but the claims did not exceed the limit.

Mr. Davies assessed damages for the loss of the Kakariki, her cargo, etc., at £48,817 Os Id, but, as the liability of James «Patrick and Company had been limited by the Court to £8 a ton of the ship’s tonnage, the anfount which Patricks will have to pay is £14,292 17s 7d, of which £13,427 7s 8d is payable to the Union Company. Consignors of cargo will receive £757 5s lid and members of the crew of the Kakariki will re--celve £lO4 4s for damage and loss of clothing and effects.