CLAIM AGAINST SHIP.

Star (Christchurch), Issue 17038, 11 May 1923, Page 7

CLAIM AGAINST SHIP.

THE CASE OF THE ZITA.

His Honor Mr Justice Adams gave j judgment in the Admiralty Court this ! morning in the case in which Hubert Alexander Rhind, agent, Lyttelton, j trading as Rhind and Co., claimed J £'l3o 11s 9d from the ship Zita, owned f | by Zita, Ltd.. Wellington. Mr F. D. Sargent appeared for the plaintiff and Mr \S . J. Sim for the I defendant. The facts, as stated by the plaintiff were that about eighteen months ago the Zita was unable to leave Lyttelton : by reason of the inability of the master to meet the claims—wages and other charges—against her. Plaintiff made | advances as follow:—For wages, £77; for Lyttelton Harbour Board charges, i £-13 4s 8d ; for Lyttelton Borough rates, ; for water supplied, £1 12s 6d : for Marine Department, fee inspection. ! £3; for insurance, £5 14s 7>d; total, £l3O 11s 9d. As a result, the Zita ; was able to sail from Lyttelton. The j claim never had 'been disputed by the i defendant. The vessel was mortgaged | for £4OOO, a sum which, Mr Sargent declared, was more than she was worth. After her departure from i Lyttelton she did not return to tlie port for a considerable time, although i plaintiff had been promised that she would be sent to Lyttelton with a pay- ' able freight. When recently, the Zita did return to Lyttelton, plaintiff i found, that another agent had been appointed for her. Mr Sargent stated that the owners bad called a meeting to discuss liquidation. • The judgment stated that if the i action of the master required ratifieaj tion it had been ratified by the con- ■ duct of the owners, who had acknowledged the claim and repeatedly pro j mised payment. From this it followI ed that the plaintiff had, as against j the ship and her owners, as good a j claim as the person who actually sup-

[ plied the necessaries. J The plaintiff in this case wars not a ' volunteer, and upon the authorities j his Honor thought" that the plaintiff ■ was entitled to the benefit of the mas--1 ter’s statutory lien in respect of hi» j claims for advances for wages and j necessaries. \

Judgment was given for the plain tiff for the full amount claimed, less the £-5 14s 7d showing for insurance charges. and £1 12s 6d for Lyttelton Borough rates. for water supplied.

It was intimated by counsel that j arrangements -would be made to release the ship from arrest.