Shipping writ hearing adjourned

Press, 24 April 1980, Page 2

Shipping writ hearing adjourned

Court proceedings over a $3 million writ against the refrigerated meat carrier Pacific Fruit berthed at Lyttelton were yesterday adjourned in the High Court to April 28. The writ and a warrant for the ship’s arrest were filed on behalf of the charterer, Nippon Yusen Kaisha, of Japan, on April 3.Counsel for the ship’s owner, Great Pacific Navigation Company of Taipei, Taiwan (Mr B. H. Giles) yesterday abandoned a motion for the matter to be referred for arbitration in London, allowing the claim to be dealt with in New Zealand. Mr Giles told Mr Justice Roper that a substantial amount of agreement had been reached with Mr C. R. Carruthers, of Wellington, acting for the plaintiff. Both counsel had to receive further instructions from London, he said. Agreement that the net equity of the ship be $925,000 had to be confirmed, said Mr Giles.-' The issue of satisfactory security to secure the ship’s release had still to be settled. His Honour said both counsel ought to be commended for reaching the amount of agreement they had, and it was hoped their principals would confirm this.

The writ relates to the rejection by the Iraqi authorities of a full cargo of frozen meat that the ship carried to Basra. The ship returned to New . Zealand and the meat was discharged at Timaru before the Pacific Fruit was brought to Lyttelton.

The Nippon Yusen Kaisha charterer has since let the charter lapse. While at Lyttelton, the ship has undergone repairs for damage reportedly suffered in a collision in the Strait of Singapore. The hearing was adjourned to 2.15 p.m. on April 28.