CROWN CLAIM FAILS

Press, Volume XCVII, Issue 28758, 2 December 1958, Page 12

CROWN CLAIM FAILS

Plant Broken On Ship (New Zealand Press Association) AUCKLAND, December 1. In a reserved judgment given in the Supreme Court at Auckland, Mr Justice T. A. Gresson dismissed a claim by the Ministry of Works, through the AttorneyGeneral, for £3154 damages against the New Zealand Shipping Company and the Auckland Harbour Board for alleged negligence. At the hearing in October, it was alleged that the defendants were negligent when' unloading a diesel engine and pumping unit from the hold of the ship Essex, in September, 1956. The unit dropped 60 feet into the. hold of the vessel. In his decision his Honour said it was agreed by all parties that under the particular bill of lading affecting • the machinery, any liability as between the New Zealand Shipping Company, as agents for the shipping company concerned, and the Ministry of Works, as consignee, was limited to £lB2 0s 7d/

Eleven months later, the 0f,., its’ intention to . sue fqr the loss of the pump and on September 7, 1957, issued a writ against both defendants claiming £3154 4s 7d. His Honour add.ed that the shipping company admitted the fall of the machinery was caused solely by the negligence of its employees and paid the sum of £lB2 0s 7d into Court in satisfaction* of the plaintiff’s claim. “Plaintiff’s claim against the Harbour Board has failed in toto and as against the New Zealand Shipping Company, Ltd., no liability has been established beyond that which was admitted prior to trial,” said his Honour. “In these circumstances, it appears that both defendants are entitled to judgment and costs.”