JURISDICTION ISSUE

Gisborne Herald, Volume LXVI, Issue 20101, 22 November 1939, Page 11

JURISDICTION ISSUE

SUPREME COURT OF N.Z. WOMAN’S DAMAGES SUIT U.s. LINER INCIDENT (Pur Press Association.) WELLINGTON, this day. Whether the Supreme Court of New Zealand, in its capacity as Admiralty Court, has jurisdiction over an allegeo assault on a British woman by an -American steward in an American ship was a point of Jaw brought to the Supreme Court yesterday before the Chief Justice, Sir Michael Myers, The assault was alleged to have taken place in the Monterey between Honolulu and Auckland and the plaintiff, Mrs. Rose Mabel Hamilton, a widow, Wellington, claimed damages of £IOOO from the Monterey. The steward named in the writ was Michael McDonough. The matter before tlie court yesler-' day was a motion by Mr. H. P. Richmond, Auckland, acting for tlie ship, that the action of Mrs. Hamilton be struck out. Jurisdiction Challenged Mr. W. P. Rollings, for the plaintiff, opposed tlie motion. Mr. Richmond submitted that the court had no jurisdiction to deal with an offence commuted entirely within an American ship on the high seas.' Such an offence was entirely within tlie law of the flag. The owners of the ship were not within New Zealand territory and had not submitted to jurisdiction. In reply to His Honour, Mr. Richmond said that if the steward himself were in New Zealand personal action might be possible, but tlie authorities were confused on that point. Mr. Rollings contended that when a ship arrived in New Zealand waters she came under the jurisdiction of the Court of Admiralty. After hearing legal argument, Sir Michael Myers reserved his decision.