Classique Progresses Claim Process For The Mooring Failure
After the grounding in Shoal Bay against the foundation of the Auckland Harbour Bridge during the eventful night of 10th June, Bolton was given the Auckland Council Claims address by the Harbour-master & a formal claim was lodged with Auckland Council’s insurers on 13th June.
Classique had dragged what was expected to be a heavy duty Auckland Council mooring for about a kilometer, damaging other moored yachts enroute.
The closing request of the Claim was that Auckland Council without delay would accept liability for the predicament & take steps for repair & co-lateral damage.
Initially their main concern was to shift Classique from the temporary berth she had been tied to after being salvaged, saying a commercial arrangement would have to be instituted for any continuing accommodation.
Next they appointed an assessor when they were informed Classique was heading up the coast to a dock where she could wait for haul-out space.
So far she’s waiting for space & haul-out with no assessment possible but it has been of concern that Auckland Council Insurers have not, on the clear cut evidence presented, made any indication that they are accepting liability.
Therefore a formal Statement of Claim has now gone into Court under the new Court Rules taking effect as from 14 July which have Claims handled in Wellington & then sent back for serving on the insurers who will have 5 days to respond with their intentions.
With Auckland Council publishing their present Black Budget crying poverty, they aren’t doing themselves any favour by incurring increasing costs from their insurers who no doubt are highly delighted to have their business extendable at the ratepayers expense – very similar to the attitude of Crown Law/ Meredith Connell in taking the Prosecution for Maritime New Zealand against Bolton even though he was the wrong skipper.
Both Legalities would be examples of “Milking the Public Purse”
Considering the 1 Fluke mooring is in visible evidence –
an insurance claim clearly attaches