BARQUE PAMIR

Waikato Times, Volume 129, Issue 21549, 11 October 1941, Page 9

BARQUE PAMIR

' HANDED OVER TO CROWN APPRAISEMENT VALUE AGREEMENT REACHED (By TtD??r.iph. — Pre<s Association) WELLINGTON, Friday In chambers in the Supreme Court today, the Chief Justice, Sir Michael Myers, granted an application for the release of the Finnish barque Pamir, seized as a prize at Wellington about a month ago, “on requisition to the Crown on an undertaking in writing by the proper officer of the Crown for payment into the Court on behalf of the Crown of the appraisement value of the ship.’* The Pamir belongs to the Erikson Line. Mariehamn, Finland. Mr A. E. Currie made the application on behalf of the Crown, Mr E. S. Parry appeared for the owners of the vessel, and Mr J. F. B. Stevenson watched the proceedings on behalf of the Wellington Harbour Board. Mr Currie said that owing to the dearth of shipping, the Pamir was required for national security. Those responsible for national security must be the best judges of what was required. Counsel said the question to be decided was the enemy character of the vessel. The right of requisition must be determined by the Prize Court. Appraisers had fixed the value of the vessel at £7OOO, or £8750 New Zealand currency. Mr Parry contended that the application was an abuse of prize procedure If before proceedings were heard, a vessel was requisitioned by the Crown urgently, it would be presumed that there would be a genuine case for condemnation, which would be brought to hearing as soon as possible. Status of Finland Chief Justice: Finland is an enemy country. Mr Parry: There has been no declaration of war by Finland. The Crown might have rights against Finnish property, but this has nothing , to do with prize procedure. Mr Currie said that his learned friend’s greatest objection was the / lowness of the appraisement. The y Crown wanted an order, and he ofW fered, if the present appraisement were set aside, that the Crown would undertake to pay any difference between it and the new appraisement. The Chief Justice said he had to assume that there was a case which might result in condemnation. There was an affidavit from the proper officer that the ship was required for national security purposes. But that he was bound. Mr Parry said the only objection the owners had to the matter was that the ship had been valued at a figure that was extraordinarily low for this ‘type of vessel. After counsel had conferred and submitted an agreement to the Court, the Chief Justice made an order handing the vessel over to the Crown. The question of costs was reserved. This is the first occasion on which a vessel has been seized as a prize in New Zealand.