ENFORCEMENT OF A CLAIM.

Taranaki Daily News, Volume LIV, Issue 126, 18 November 1911, Page 5

ENFORCEMENT OF A CLAIM.

AGAINST A SHIP. A PECULIAR CASE. By Telegraph—Press Association. Wellington, Last Night. In chambers, before His Honor the Chief Justice (Sir Robert Stout), to-day, an interesting compensation case, the Public Trustee v. Perano, was awain brought to light. The public trustee, as administrator of the estate of Peter Tiernan, late of Wellington, deceased, proceeded against Joseph Auguste Perano, of Nelson, master mariner, for leave to issue a .writ of sale against the s.s. Wairau, owned by Perano. The history of the case set out as follows:—The late Peter Tiernan was a seaman and met his death by drowning at Havelock on December 20, 1910, at a time when he was engaged working on the s.s. Wairau. Deceased left an illegitimate child, which child had, prior to the father's death, been committed to an industrial school. The public trustee, as administrator of the estate, proceeded against Perano m the Arbitration Court, on September 10, to recover the sum of £325, compensation under the Workers' Compensation Act, 1908, the allegation being made that the child in the industrial home was a total dependent of deceased. On October 2 ; 1911, the court awarded to the public trustee the full amount of compensation, claimed, it being held that the child .was totally dependent on deceased. Perano is said to be uninsured against, accidents. The Workers' Compensation Act provides that, where an accident happens in or ahoirt a ship, the amount of compensation is a charge thereon, and may be enforced by the Supreme Court by the sale of the ship. As defendant in this case had not paid the compensation or offered to settle, the public trustee applied for leave to issue a writ of sale. Mr. J. W. Uac Donald appeared for the public trustee. The learned judge made the order as asked, the order to lie in the court for two days.