WAR PRECAUTIONS
WHETHER COMMONWEALTH LIABLE TO PAY COMPENSATION FOR DETENTION AND DEVIATION OF MERCHANT VESSEL AS ORDERED BY NAVAL AUTHORITIES
In October last the British steamer Strathblane under time charter to J.J. Moore & Company of San Francisco was in Sydney with a cargo of coal consigned to the Inter-island Steam Navigation Company, Honolulu.
Clearance was applied for on October 7th, but by instructions from the Navy Office the ship was not allowed to sail till October 19th, when she was instructed by the authorities to proceed first to Suva for further orders. She arrived at Suva on October 29th, and was detained there by the Naval authorities till November 2nd, when she was allowed to proceed to Honolulu.
J.J. Moore & Co. claim that the detention and deviation caused a loss to them of £1202, which they ask the Commonwealth Government to make good.
It appears that the detention and instructions to deviate were a military precaution to prevent any chance of the ship or the coal falling into the hands of the German fleet which was then in the Pacific. It also appears that J. J. Moore & Co. have since been included in the list of consignees to whom the British Admiralty consider that coal should not be exported.
In my opinion, J. J. Moore & Co. have no legal claim to compensation.
[Vol. 13, p. 434]