UNIQUE POINT OF LAW

Press, Volume LXXIV, Issue 22339, 1 March 1938, Page 13

UNIQUE POINT OF LAW

SINKING OF TRAWLER AS BASIS OP CLAIM application for limitation OP LIABILITY (niH ABBOCIATIOK HlM***.) INVERCARGILL, February 28 A point of law unique in New Zea land was raised by Mr H. J. MacaUster in the Supreme Court to-day, whence case in which the Direct £2905 Oyster Supply Company claimed Urwin and Company. Ltd. for damages arising put of the sink go the trawler Black Cat on Aug 1937, was called before his Honour Justice Kennedy. f or Mr MacaUster, who !£ P nt f aonlicaUrwin and Company, filed an appnca tion to have the liability ofhis _cUent limited to £214 under Sect on 296 of the Shipping and Seaman Act, 1908, lie sought a declaration that the company was not answerable in damages rising out of the loss of the Black Cat be yond an aggregate amount of £8 a ton fnr eaeh ton of the tonnage oi me Rita; a declaration that the tenure of the Rita was 26.81 tons, and that U was liable (in the event of liability being established) in of lps or damage arising out of the collision between the Rita and the Black Cat for £214 9s 7d, together with interest at 4 per cent, per annum from tne aaxe of the collision until payment: that Urwin and Company might be at Jib erty to pay that sum into Cpurx, that all further proceedings might be stayed, and that the company might be declared entitled to relief against any other action in respect of Jhe collision, that a direction be given by the Court to ascertain those who had any claim arising out of the loss of the Black Cat, and that the sum named be rateably distributed among them. Mr J. S. Sinclair, who appeared for the plaintiff company, said that the point raised was new to him. It was difficult to pick up the threads of Admiralty law in New Zealand, and there was no New Zealand precedent covering the point. The case was adjourned until next session, but a special session may be held if there is no settlement in the meantime.