SUPREME COURT Shipowner Claims £2332 From Harbour Board

Press, Volume CVI, Issue 31223, 22 November 1966, Page 10

SUPREME COURT Shipowner Claims £2332 From Harbour Board

The hearing of evidence in a claim by Richardson and Company, Ltd., shipowners, of Napier, for £2332 damages against the Lyttelton Harbour Board, began before Mr Justice Macarthur in the Supreme Court yesterday. The action arose as a result of keel plate damage to the m.v. Pukeko, found when she was in the board’s dry dock at Lyttelton on January 8, 1964.

Mr P. T. Mahon, with him Mr D. H. P. Dawson, appeared for the company. Mr R. A. Young, with him Mr P. G. S. Penlington, represented the harbour board.

The plaintiff alleges that the damage to the Pukeko was caused by the negligence of the harbour board. The ship remained in the dock until January 24,11 days more than would have been necessary had the damage not occurred. Repairs to the vessel amounted to £1167. The claim also includes £233 dock dues for the extra 11 days, £ll7 for wages, £229 for depreciation, and £372 for interest. Mr Mahon said in his opening address that representatives of the company found the damage to the forward part of the keel and rivets sprung in the plating of the 1020-ton vessel when water was pumped from the dock. It appeared the damage had been caused by one or more keel blocks on which the vessel had been resting. Mr Mahon said the blocks at the forward end were out of vertical alignment with the result that the keel rested with undue weight on them

and was damaged. Water was leaking from the forward ballast tank through a sprung plate.

“We say the only possible inference is that if all the blocks had been level the vessel would have sat without harm on them,” he said.

The Pukeko was new in 1961 and came into service in October the same year. She was in the coastal shipping trade until December, 1963. On December 20, 1963, she sailed for Lyttelton from Wellington, arriving two days later. She remained at a berth until January 8 when she entered the dry dock for an annual survey. Mr Mahon said the board denied liability for the damage. The harbourmaster at first suggested the vessel had come in sprung. The board later advanced the theory that the vessel had “hogged,” or developed a sag fore and aft. When repairs had been completed a surveyor found only a slight drop, about Ijin, in the forward part of the keel. Capping pieces on the keel blocks were intended to protect these variations. Mr Mahon said the vessel was again on the blocks in August, 1964. It suffered no damage on this occasion and had the same general drop towards the forward end. The blocks had been laid level. Arthur Valentine Cross, master of the Pukeko, said in evidence that the vessel had experienced bad weather between Wellington and Lyttelton. There had been a southerly gale and the vessel had been turned and ran for shelter.

He said the Pukeko had dragged its anchor while in shelter.

Cross-examined by Mr Young he said he had many times struck a gale of similar force while master of the Pukeko. The ship’s rivets could not have become loosened in the voyage. Thomas Alan Lockier Kelly, superintendent engineer for Richardson and Company, said he saw two blocks taking excessive weight A seam had burst and water was running from a ballast tank. He looked inside for distortion expected from storm damage but found none.

Arthur Edward Baldwin, acting surveyor of ships for the Marine Department in Christchurch, said the condition of the keel plate was inconsistent with heavy weather damage but was consistent with a keel block pushing up. Cyril Wallis, ships’ surveyor for Lloyds Register of Shipping, said he could find no evidence of pounding damage. There was no buckling of the floor inside.

The hearing will continue today.

Man Pleads Guilty To Burglaries After reversing in the Supreme Court yesterday a former plea of not guilty on two charges of burglary, Henry Tangiwai, aged 21, unemployed, was remanded by the Chief Justice (Sir Richard Wild) for sentence on Friday. Tangiwai pleaded guilty to the burglary, on June 29, of a Taylor’s dry-cleaning depot at 293 Manchester street, and to the burglary, on August 18, of the Belfast Garage, Ltd. Mr I. C. J. Polson appeared for Tangiwai.