DISPUTE OVER STEAMER

Sun (Auckland), Volume III, Issue 800, 22 October 1929, Page 11

DISPUTE OVER STEAMER

SUIT TO RECOVER WAGES ADVANCED MARITIME LAW CASE Press Association DUNEDIN, Today. An unusual case, brought to recover sums advanced as wages to the crew of the small steamer Oreti, the owners of which had gone into liquidation, was heard in the Supreme Court before Mr. Justice Kennedy today. Plaintiffs, A. J. Allen, Ltd., sought to recover ±1167 in wages paid and £43 in dock dues. Defendants were the Oreti Shipping Company, of Christchurch, and Alexander DLinn, of Wellington, mortgagee of the ship. The facts stated by plaintiffs were that Dunn’s mortgage was £7OO and at his instance plaintiffs’ ship was arrested in Dunedin and sold by consent of the parties, the proceeds, amounting to £625, being insufficient to pay tlie mortgage. The present action was to establish that plaintiffs had a maritime lien which took priority and should bo the first charge on the sale proceeds in accordance with Admiraltv law.

Counsel urged that plaintiffs, as agents in Dunedin for the boat, were personally responsible to the Harbour Board for dues while as to wages the person paying the crew’s wages stood in the shoes of the seamen in regard to their maritime lien. For the defence it was claimed that in order to found a maritime lien plaintiffs must establish that the master and seamen had a lien for wages and plaintiffs had obtained an assignment, also that the payment was one upon tlie credit of the ship. Evidence would show that plaintiff looked to the Oreti Company, not to the ship, for payment. (Proceeding.)