SALVAGE CLAIM

New Zealand Herald, Volume LXXV, Issue 22984, 11 March 1938, Page 14

SALVAGE CLAIM

FISHING BOAT CASE

TOW FROM BAY OF PLENTY

EVIDENCE ABOUT STORM

An account of the towing „of one fishing vessel by another from the Bay of Plenty to Auckland was given during the hearing of a salvage claim for £I3OO in the Supremo Court, sitting in its Admiralty jurisdiction, yesterday. Plaintiff was the Australian Fish. Meal, Oil and Hide Company, Limited (Mr. Mason) owner of the Coastguard, and defendant was tho Waiitcniata Fisheries, Limited (Mr. Leary), owner of tho motor-vessel Waiwera, her cargo and freight, declared by tho plaintiff company to have been salvaged by tho Coastguard in tho Bay of Plenty and towed to Auckland. Mr Justice Fair presided and with him as assessors were Messrs J. W. P. liiclimond and J. V. Bray. Frederick Johnston, master of tho Coastguard, said his vessel arrived in the Bay of Plenty on Thursday, July 22. When proceeding' to Whale Island on tho Friday night for an anchorage, signals wero received from tho Waiwera, and tho Coastguard was put around. On reaching the Waiwera the captain, Alexander Duthie, shouted that his boat had broken a shaft and was totally disabled. Duthie asked witness to tow him to Whale Island, mentioning that they would probably havo to tow him to Auckland. Anchorage Considered Unsafe

Tho tow to Whale Island was completed at 10'p.in., witness continued. Duthio made no mention of anchoring there or of using his sails. Under tho conditions and because of tho weather threatening witness considered an anchorage there unsafe because it was in tho open sea. In tho galo that camo up Duthie would havo had tho risk of his ground gear parting and witness thought Duthie would have been driven ashore. Witness said he thought tho Waiwera's only sail was a foresail, by which ho did not think she could have mad» Tauranga, Whakatane or Opotiki. On tho Saturday morning Duthie told witness that ho had 40 baskets of fish on board and ho was duo in Auckland on the Monday. Duthie's mate said the fish were iced away for Monday and he would take no responsibility for them after that. Thero was no stipulated agreement made at Whale Island for towing or for tho work witness was doing. Witness knew of no cases where a tow such as that to Auckland had been undertaken for nothing between vessels belonging to companies. OSer by Another Boat

Following witness' decision to take the Waiwcra to Auckland witness said that both ships engaged in two further "shots'' for lish which were unsuccessful. Witness also referred to au offer ihade by tho fishing boat Joan to take the Waiwcra to Auckland, which was not availed of. Witness said ho would not have handed the Waiwcra over to the Joan because the Joan had been having engine trouble and on account of tho threatening weather. As the weather turned out tho Joan could not have made the tow successfully. When the tow to Auckland began following the second "shot," it was blowing fairly freshly, said witness. "Tho wind increased as the night went on, with very thick rain, and at midnight it was ouo of tho worst nights i have experienced in the Bay," he added. "There was a big sea. None of the crew was able to turn in except the engineer, who went below for two hours. Visibility was practically nil at times." Evidence of a Discussion Witness recalled a discussion between Mr. Deveich. of the defendant company, and Mr. iirockie, of tho plaintiff company, during which the former had said lie realised the Coastguard had brought his ship from the 13ay. He was desirous of a settlement and hoped Mr. Brockie's company would not be too hard on him. To Mr. Learv witness said he would not have expected any reward for towing the Waiwcra to Whale Island.

Further evidence was given by A W. Brockie. managing director in New Zealand of the plaintiff company, 11. S. Seager, marine engineer, and R. H. Griffiths, marine engineer. The case was adjourned until this morning.