BROKEN SHAFT.

Auckland Star, Volume LXIX, Issue 58, 10 March 1938, Page 10

BROKEN SHAFT.

TOWED TO AUCKLAND.

CLAIM FOR SALVAGE.

ADMIRALTY

COURT SITTING.

An action in which the owners of the motor vessel Coastguard are claiming that the mot«r vessel Waiwera was a disabled vessel in the Bay of Plenty last July, and was salvaged, together with lier cargo of flsli, by the Coastguard and towed to Auckland, was begun in the Supreme Court sitting as part of the High Court of Admiralty, yesterday afternoon.

By towing the Waiwera the plaintiffs claim to haw lost tv.-o days' fishing, estimated at £200. Plaintiffs claim "the condemnation of th? defendants in such amount of salvage as the Court may seem just." or, alternatively, "the condemnation of the defendants for towage service, the costs of action, and any further relief the Court might seem just."

The action i-3 being heard by Mr. Justice Fair, and -issociated with him on the Bench as assessors are Messrs. J. W. R. Richmond and .J. V. Bray.

The plaintijf, the Australian Fish. Meal, Oil and Hide Company, Limited (Mr. Mason), is claiming £1300 from tlie Waitemata Fisheries. Limited (Mr. Leary). The plaintiff* are the owners of tiie C'oa-tguard a'ld the defendants the owners of the Waiwera, both engaged in Seine trawling.

Mr. Mn son. for the plaintiffs. said that in .lulv la-t the Coastguard and the Waiwera were fishing more or less in company in the Hav of Plenty, and on the evening of 1 illy 2M the engineer on the Coastguard reported that the Waiwera vas flashing lights and ther-» seemed to be something wrong with her. The mate and another on the Coastguard watched and read the signal a* an S.O.S.

The Coas%juar<l immediately went over t« the Wniwera. and the master of the latter state<l that the shaft had broken, that the ve-vel was disabled, and he linked to be towed to Auckland. Mr. Mason said he wmikl call evidence to nay that the Waiwera. when salvaged, was « disabled vessel and could not have saved herself, as would he contended by the defence. The defence also claimed that the equipment and anchorage of the Waiwera were ?uch that the vessel could have remained at anchor until such time a« a vesi«el not seeking a salvage award came along and gave her a free tow. Mr. Mason said the evidence he would call would show that the Waiwera had a full, or nearly full, cargo of fi»h, so that she could not have remained at anchor indefinitely and at the same time saved hor cargo of fish. The defence admit* that n tow to Whale Island wa~ requested by the master of the Waiwera. but savs no question of charges was raised. Fishing vessels often gave each other mutual assistance or protection. It was an estahli-hcd cti.-tom. and the WaiwernV crew could expc<-t service without il>ayment of salvage or towage. The Waiwera could have been saved without [the as*i>taiico of the Coastguard.

A number of witnesses will be called l>v both side*.