SALVAGE CLAIM

New Zealand Herald, Volume LXXV, Issue 22988, 16 March 1938, Page 18

SALVAGE CLAIM

COURT AWARDS £155

FAIR REWARD FOR SERVICES DEFENDANT TO PAY COSTS An award of £155 to be distributed among the owner, captain and crow of the fishing vessel Coastguard, which towed tho Waiwcra, another fishing vessel, from the Bay of Plenty to Auckland in July of last year, was made yesterday by the Supremo Court, sitting in its Admiralty jurisdiction on a claim for £I3OO salvage. Plaintiff was the Australian Fish. Meal. Oil and Hide Company, Limited (Mr. Mason), owner of the Coastguard, and defendant was the Waitomata Fisheries, Limited (Mr. Leary), owner of the Waiwera. Defendant has also to pay £45 assessors' fees, £ls 15s costs, and disbursements and witnesses' expenses. The case, which had occupied four days, was heard by Mr. Justice Fair, who had with him two assessors, Mr. J. W. 1?. Richmond ancl Mr. J. V. Bray. The sum awarded was made up of £3O allowed to those on the Coastguard for loss of fishing, £7O for saving the cargo of the Waiwera, and £55 for towage from Whale Island to Auckland.

In his judgment His Honor said he was inclined to hold there was a custom among those in the fishing fleet to help each other when vessels were in distress, without the making of any charge, excepting the acceptance of payments for oil or petrol. That generally held good for towage up to about 50 miles. In this case the tow from Whale Island to Auckland was much farther, and, although there was no definite arrangement between the masters of the Coastguard and the Waiivera, there was a discussion between •them as to recompense, and the Waiwera's master had said the crew of the other should at least make wages out of the trip, or at least half what the Waiwera's catch yielded when sold at Auckland. One factor which guided the Court in its assessment of the towage fee was that the work was done on a rough night, and it was decided some umall sum should be allowed for extra trouble and discomfort occasioned the crew of the Coastguard. It was considered that the total of £155 was a fair reward for their services.