STAR OF CANADA CASE.

Gisborne Times, Volume XXXIII, Issue 3705, 14 December 1912, Page 7

STAR OF CANADA CASE.

TYSER COY. v. GISBORNE SHEEPFARMERS.

JUDGMENT OF THE SUPREME

COURT

CLA LAI FOR REDUCTION OF CHARGES UPHELD.

[BY TELEGRAPH —SPECIAL CORRESPONDENT] WELLINGTON, Dec. 13. Reserved judgment was delivered in the Supreme Court by Mr Justice Chapman to-day in the case in which the Tyser Line Ltd.' and J. Mann Hart (master oh the Star of Canada) proceeded against the Gisborne Sheeplarmers Frozen Meat Company, Ltd., to recover "the sum of £5824/ alleged to be due for overcharge of lighterage in connection with the salving of the Star of Canada’s cargo. At the hearing Sir John Findlay, K.C., with him Mr D. M. Findlay, appeared for plaintiffs, while Mr C. P. Skerrctt, K. 0., with him Mr Sproule, appeared for defendants. The circumstances surrounding the wreck of the Star of Canada are wellknowfn. After the vessel had gone ashore on a rocky coast off Gisborne a large portion of her cargo was removed in lighters. The Gisborne Sheepfarmers’ Frozen Meat, Co., Ltd (defendants) were paid £8363 for lighterage and the Tyser Company and Captain Hart (plaintiffs) claim that the amount, according to the Gisborne rates, should have been £2539. In defence it was contended that the charges were fair considering the nature of the work (the men receiving up to 4s per hour) and that the charges were practically agreed to. In giving judgment," His Honor Raid :

I have come to the conclusion, after examining the whole of the evidence, that I ought to allow the defendants on all accounts on the footing of quasi-salvage services in the nature of meritorious agency a sum of £3400. In arriving at this sum I have taken into account the dates on which an excessive sum was demanded by the defendant Company and paid by the plaintiffs and the fact that the balance sheet shows that the defendant Company must have had the advantage of interest on this sum. In tlie result there will be judgment for the plaintiffs for £4963 19s 6d, with costs as per scale upon this sum together with witnesses’ expenses and disbursements to be fixed by tlie Registrar at Gisborne. There will be an allowance of £ls 15s per diem for five further davs and an allowance of £8 8s per" diem for second counsel. Reserved interlocutory costs, if any, will be allowed to the plaintiffs. Should any question arise in adjusting the costs it may be . referred to a Judge in Chambers.”