SALVAGE CLAIM DISMISSED

Press, Volume LXXXVIII, Issue 26813, 19 August 1952, Page 9

SALVAGE CLAIM DISMISSED

RESCUE OF DISABLED FISHING BOAT

PLAINTIFF NON-SUITED (Neto Zealand Press Association) NEW PLYMOUTH, August 15. T don’t think the principles of salvage have been established in this case.*’ said Mr Justice Gresson, at New Plymouth to-day in dismissing pv way of non-suit a claim for £5lO lodged bv Mozart Prince Amor and Victor Standing against the Venture Fisbmg Company and others. Amor’s suit was brought because his nslune launch, Te Kawau, towed the company’s disabled fishing boat Swansea Bay from off White Cliffs to New on December 22, 1949. The Swansea Bay had been permit- ■ ted to he taken to sea by four men. none of whom knew anything awut Diesel engines, and what wag worse,* none of whom was competent to rig a SJ* J 1 J H ° nour said - engine 4. a v? craft was helpless when tow Te Kawau arriv « d a»id took it in,

It had taken nearly three years to bring the matter to the Court, and Amor must accept the handicap of that 2 n esta blishirig the responsibility between tower and towed J?.°? our did not think it had been established that the tow was asked *or and given on the basis that it was a salvage operation. It had been stated in evidence from fishermen of long standing that an understanding had grown up that fishing boats requiring aid would be towed without expectation of remuneration. Amor denied knowledge ot such an understanding, out his Honour found that there was such an Having regard to that and the rarity of the type of claim, t was necessary for the Court, if the claim was to be upheld, to find that the language used and the circumstances must be suoh as would estabnsn th.it the case was one in which TT?i« P J? n J‘ lpl * S u of salva 8 e would apply. This had not been shown.