The ramifications from 1 clown

[banksmister]

LOOSE and adrift vessels in Mackay are causing a headache for Volunteer Marine Rescue (VMR).
An ongoing and expensive legal battle has forced the organisation to ban its volunteers from retrieving unmanned vessels when they become unsecured.

In 2006, VMR volunteers were asked by police to retrieve an older vessel on the Gold Coast, Marine Rescue Queensland secretary manager Harry Hubner said.

Mr Hubner said the vessel, which he predicted was not worth more than $5000, was owned by a New Zealander who was now suing the organisation for $70,000 for damage he claimed was caused during the "rescue".

The case is still ongoing and has already cost the organisation more than $20,000 in legal fees.

"We've now turned around and said, 'You can't touch any boats that are unmanned'," Mr Hubner said.

With a vessel coming loose in Mackay last week, Peter Smith, president of VMR Mackay said they were "stuck between a rock and a hard place".

Mr Smith said it wasn't that they didn't want to help, it's that they couldn't afford to be held responsible for damage that might happen after the boat is re-anchored.

"On the other hand, if we had the owner with us that's different, the responsibility is on him," he said.

Mr Hubner admitted not everyone was happy about the ruling, with police often asking the organisation to assist in the retrieval of unmanned vessels.

"We've said 'no' to both Maritime Safety Queensland and police," he said.

"We've asked them to put in writing that we won't be held accountable - we're a bunch of volunteers - but they won't.

"If we get these stupid claims, our premiums (will) just keep rising."

Mr Hubner said they would continue to fight their current legal battle and have refused to settle out of court.
"If this guy wins this case, we're screwed," he said.

"He will set a precedent that will open a can or worms."


link to news paper below
http://www.dailymercury.com.au/news/unsecured-vessels-cause-headache-vmr/1752084/

[Feral]

ah, doesn't retrievel of an unmanned vessel mean you can claim salvage?

What happens if that unmanned vessel you could have retrieved ploughs in to someones super yacht and sinks it? You'll get a lawsuit for that, and from someone with a lot deeper pockets!

[FisHard]

The worlds gone mad. I agree, name this loser.

[marto78]

I wonder how this would have gone down if the boat was left to drift and it was hit by a container ship or sunk of its own accord. I bet this clown would still be suing the VMR for neglience for not retrieving his boat.
His boat should have been better secured and it should have been insured.

On a side note are donations to the VMR tax deductable?

[WalrusLike]

Curse his greedy slimy hide. May he one day need rescue but none hear his call.

[lethal098]

Yes donations to VMR and COastguard are tax deductible.

[Chang Jiang]

There is always a nobber that makes things very difficult, in pure terms the boat has broken anchor and was a drift, because it can be proved that the owner had not intended to leave the boat perminantly full slavage ownership cannot be claimed but partial can be and that is calulated on cost of recovery, can VMR claim i have no idea, we can only hope that next time this dude gos out that he meets the fate he deserves .

[spelchek]

Curse his greedy slimy hide. May he one day need rescue but none hear his call.

I wouldn't wish that on my worst enemy, and frankly find it disgusting that someone would wish trouble at sea on anyone.

And for the record - I agree that the dick suing VMR over this is a dick.

[WalrusLike]

Sorry mate.... I believe an eye for an eye is sometimes appropriate.

So if he is happy to bugger up VMR operations for everyone else then I reckon he deserves it if he suffers a consequence.

Personally I am a sceptic so I don't think my thoughts, curses or bad wishes will have any effect on him. But still.... Sorry to disgust you. :)

In actual fact if I was on the water and he called for assistance I would help.

But on the other hand I wouldn't be upset if I read that he was single handed and lost at sea. Obviously any passengers shouldn't be suffering for his bad actions (the lawsuit).

Maybe that's disgusting... but it's true.

[mustang5]

We live in a world where volunteers and their associated organisations are held accountable whilst maintaining safety on the water...

Whats this blokes name???

Im with Walrus.

[thylacene]

It is a sad reflection on our society in general when a bunch of volunteers take action to protect the assets of many, including the morally bankrupt individual, and further protecting him for damages claims from his liability incurred through negligence, malicious actions of others or environmental factors, and the morally bankrupt individual sues the volunteers.

If common sense were to prevail, the courts would determine that he was protected from greater damage than he is claiming, make him pay costs for both sides, ensuring that the vessel is auctioned off as part payment to avoid him pursuing such a frivolous course of action in the future.

Guess time will tell. I don't know about anyone else, but I have a moral objection to the subscriptions and donations I make to VMR being diverted into excessive insurance perms and the court system. I would much prefer to see my meager contributions used to ensure that the VMR has quality vessels, equipment and premises. These are the items I see as delivering the best outcomes for the community, both volunteers and boat owners like myself, that really value and appreciate the efforts of those volunteers.

Of course, someone could just take him out the back and belt some sense into him if the consensus is that common sense won't prevail.

Poor form!!!

[Gon Fishun]

Pretty simple really. Hit him with a fine for unsecured boat, unseaworthy boat and probably a multitude of other failure to do things. Throw it back in his court.
If, if the boat is registered, in this electronic day and age he should be contactable very easily and quickly, told of the problem and be told to expect the consequences. NO responsibility taken or implied. And a BIG rescue fee.

[DATCOL]

It would appear that people from this island across the water are very good at obtaining money in this way

[NAGG]

What a litigious society we live in today .......& sadly - it appears to be getting much worst .

This sort of rubbish will continue to see the demise of the "good samaritan" in society ......

I just hope that the VMR counter sues for recovery costs - About $90,000 should cover it (plus costs)

Chris

[Spaniard_King]

I remember this at the time the talk was all about the liability issues, the boat was on the beach opposite VMR southport if they didn't tow the boat off the beach it would be stuck for some time (highest tide for some time) and would be removed by council excavators.

personally I think he's trying to get some $$ for what was a piece of junk!

[marto78]

Just found another article online with a bit more info:

http://www.goldcoast.com.au/article/2010/08/02/244265_crime-and-court-news.html

VMR case could set 'dangerous precedent'

Matthew Killoran | August 2nd, 2010


THE case of a man suing Southport's Volunteer Marine Rescue for $87,000 could 'set a dangerous precedent for all volunteer organisations', says the organisation's chief.
Bill Goodhue, 55 of Hawkes Bay in New Zealand was in Southport District Court for a civil matter today.
Mr Goodhue is suing VMR Southport for compensation for damage done to his boat after the volunteers moved it.
He said the VMR acted in 'reckless disregard' and not in good faith when they moved his boat on October 25, 2003, and as a result several days later it was knocked on its side, filling his boat with salt water, destroying personal possessions and electronic equipment.
VMR state secretary-manager Harry Hubner said there was a bad storm, Mr Goodhue's boat was in danger of damaging other boats in Bum's Bay where it was anchored and they only moved the boat at the direction of water police.
Mr Hubner said the legal action, which has already cost the organisation $8000 in legal costs, could set a dangerous precedent.
Solicitor for VMR Susan McNeil said the matter today was an application for a summary trial to have the case thrown out.
In court she argued the Civil Liability Act provided immunity for volunteers against civil suits and the immunity also applied to the volunteers' organisation, but this was questioned by Mr Goodhue.
Judge John Newton said it was a serious legal question and dismissed the VMR application for a summary trial.
Judge Newton said for the benefit of both parties he wanted to see them try mediation on or before January 17.



He set the matter down for February 28 should the mediation be unsuccessful.

[marto78]

A bit more form the Courier Mail:

http://www.couriermail.com.au/news/queensland/gold-coast-judge-backs-new-zealand-mans-claim-of-de-facto-australian-status/story-e6freoof-1226004634752

Queensland (http://www.couriermail.com.au/news/queensland)


Volunteer liability put to test



by:Greg Stolz
From:The Courier-Mail (http://www.couriermail.com.au/)
August 03, 201012:00AM


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http://resources1.news.com.au/images/2010/08/02/1225900/230697-bill-goodhue.jpg
LANDMARK case ... New Zealand mariner Bill Goodhue is suing the Volunteer Marine Rescue at Southport Court. Picture: Adam Head Source: The Courier-Mail



COMMUNITY groups across Queensland face potentially crippling lawsuits if a landmark court case against the Volunteer Marine Rescue succeeds.


In a case that will be watched with concern by the likes of surf lifesavers and rural firefighters, New Zealand mariner Bill Goodhue is suing the VMR for negligence after his yacht was allegedly moved from its mooring in the Southport Broadwater and swamped.

Mr Goodhue argues civil liability laws that protect volunteers from legal action do not extend to the organisations they belong to.

The VMR fears the case could result in claims against it and other community groups and is fighting Mr Goodhue over what Southport District Court judge John Newton said yesterday was ``a serious question of law''.

``This could set a danger- ous precedent,'' VMR state secretary Harry Hubner said.


The case centres on interpretation of the Civil Liability Act, which was introduced by the Beattie government in 2003 in a bid to rein in soaring public liability insurance premiums. The law exempted volunteers from being sued.

But the Gold Coast case has exposed a loophole leaving volunteer groups vulnerable to multimillion-dollar lawsuits.

VMR barrister Susan McNeil told the court yesterday that civil liability laws in other states specifically protected community organisations from lawsuits, but not in Queensland.

However, she argued it was ``clearly the intention of the legislation to ensure that the immunity that applies to volunteers also extends to community organisations''.

Mr Goodhue, who is representing himself, countered that community groups were not immune from being sued if they had been negligent or shown ``reckless disregard''.

Mr Goodhue is seeking almost $90,000 in damages after his ocean-going ketch, Warlock, keeled over and filled with water after it was allegedly moved from its mooring by the VMR in November 2003.

Mr Goodhue, who is flying back and forth from his home in Napier, NZ, to fight the case, scored a major win yesterday when Judge Newton dismissed an application by the VMR for the case to be thrown out.

The judge said it was uncertain whether the Civil Liability Act protected the VMR, and ruled the case should go to trial unless it could be resolved through mediation.

[finga]

I just hope VMR stick to their guns and a mob of us are on the jury and costs get awarded to VMR.
Send a clear message to Mr Goodhue and his likes.

[Triple]

So if vmr lose, can they sue the water police that instructed them to move it?

[marto78]

This is a bit long winded but it gives you an idea of the bloke that is suing VMR.

http://www.sunlive.co.nz/blogs/874-extauranga-yachtie-no-stranger-to-strife.html
Ex-Tauranga yachtie no stranger to strife

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http://www.sunlive.co.nz/assets/images/site/graeme2.jpgGraeme Butler
Butler’s Swim with Dolphins
www.swimwithdolphins.co.nz (http://www.swimwithdolphins.co.nz/)An ex-Tauranga yachtie has come unstuck in his dealings with rescue services in Brisbane. Apparently the issue that has arisen is over Bill Goodhue’s yacht Warlock being shifted from a mooring area where it had been anchored.
The two pictures show Warlock alongside the Napier Sailing Club wharf. The ketch was found 40 miles offshore after being missing for about a fortnight. One photo shows the dead albatross that apparently flew into the rigging at some stage during the voyage.
Anchoring in a mooring area is a no-no anyway, but it beggars belief that anyone would anchor a vessel in a mooring area and leave it unattended while returning to New Zealand.
Mr Goodhue is seeking almost $90,000 in damages after his ocean-going ketch, Warlock, keeled over and filled with water after it was allegedly moved from its mooring by Volunteer Marine Rescue in November 2003.
It seems neighbouring yacht owners became concerned about Warlock drifting about among them so they called on rescue services to help. Eventually the vessel was towed to another part of the estuary and re-anchored. It was not clear to anyone where the owner was. It may have been presumed that he had simply strolled off into town for an hour or two. I doubt anyone in their right mind would have guessed that the vessel was simply left on anchor while the owner flew out of the country.
Some time during the ensuing period of what I consider abandonment, the Warlock grounded and sank. So now, some six or seven years after the event, Bill Goodhue has instigated legal proceedings against the volunteer organisation that moved his vessel. A volunteer organisation that relies on public membership and funding for its existence is now faced with a long expensive legal battle.
I remember many years ago Bill occupied the small wharf beside Hutchinson and Harris’ slipway, beside the 600-tonne slipway. Bill tied the then-dilapidated and unkempt Warlock to the wharf and left her there. This little wharf was an essential part of the slipway’s operations and it was very inconvenient for vessels coming and going from the slipway not to be able to use it while one was launched and another was waiting. It was essential for the slipway to have somewhere vessels that needed repair could tie up for an hour or two while work was carried out so having this derelict vessel stuck in the way was a problem.
Bill was asked to move and refused, and when various attempts were made to get him to take his vessel away failed, Bill was trespassed by the slipway owners.
Sadly, jurisdiction of the wharf was legally fuzzy so Bill and his crew could only be trespassed from the slipway. Bill found he could ‘legally’ walk to the slipway from the Moana Pacific wharf area. Eventually after many days, if not a week or two, he moved his vessel because a large fishing vessel was about to be brought into the slip.
The skipper told Bill that controlling this large vessel could prove difficult and that his ketch might well be damaged. Bill promptly moved his obnoxious yacht.
At some stage he anchored Warlock in front of the yacht club and left her there. But the yacht club racing programme obviously needed this area for keeler starts and so on.
Kids launched their small craft from there and raced and practiced. so having this unattended edifice plonked in the middle of their playground was very inconvenient.
Efforts to get Bill to move his yacht were slow but eventually successful - to a point.
The yacht showed up in the Waikareao Estaury in front of the fishing and diving club and remained there for a long time, also on anchor and unattended, unlit at night and a real hassle for the dozens of small vessel using the boat ramp.
Bill had a similar adventure with his long-suffering vessel during a voyage to the Chatham Islands. He had a sheet wrap around his prop. When he was 40 miles or so off Kaingaroa, a small fishing port on Chatham’s rugged northern coast – and probably within VHF range, he called for a tow.
A fishing vessel went to his aid and he was towed in and given a mooring to use. A storm arrived within a day or so and the windlass, to which the mooring chain was attached, was torn from the deck.
Eventually Bill sailed Warlock to Waitangi on the western side of the island and site of the island’s largest settlement. This is the Chathams – land of horizontal trees, perpetual gales, unpredictable weather, huge seas and currents. Waitangi has a mooring area akin to the main beach at the Mount.
Moorings are huge blocks with massive chains because the risk to vessels is considerable.
Bill plonked Warlock on anchor and hitched a ride back to do some urgent business at Kaingaroa, 40 or 50kms away. Warlock obeyed the laws of physics and dragged her anchor about the mooring area, bashed into a couple of boats and really pissed people off.
Bill’s Chatham Islands adventure ended when he sailed away after his boat had been at Port Hutt for many months. The mooring’s owners had let Warlock occupy it on a temporary basis and had no idea they would have Warlock on their hands for so long. Of course it is the way of Chatham Islands sea people, to look after vessels, even strays, in the same way responsible urban people look after their pets. So Warlock was checked regularly to make sure she didn’t sink.
Bill sailed alone from the Chathams on a day when according to the local policeman, the worst northerly storm for five years was about to hit the island. Bill and his boat disappeared and for about nine days afterwards Search & Rescue became involved.
A lot of effort and money went into the search. There was much anxiety and worry among Bill’s friends and family and as time went on, the chances seemed to be on the side of the Grim Reaper and Davy Jones’ recycling plant rather than Bill, Warlock, or blind, uncanny luck.
However, Warlock was eventually found about 40 miles off Napier. Bill was alive and he eventually arrived in Napier with a garroted albatross in the rigging, alive and cold, but tied up at last.
Bill made headlines in Napier when he tied another vessel, the Oygle, to piles in Napier that were destined to be removed for construction of marina berths.
It was Bill’s form of protest regarding Napier Yacht Club plans, supported by a majority, to build a marina in a mooring area. Bill reportedly described the club as a ‘secret squirrel society’ for the benefit of wealthy boat owners and reckoned mooring owners were being compromised by the construction of more berths.
The police arrived after many months of protest and failed attempts at negotiation, and Oygle occupying prime space among the construction site. Oygle’s chains were cut and Bill declared, belatedly, that he wasn’t going to cause any more trouble.
That would have to be the understatement of the century.
In my opinion the trouble seems to be that Bill has little regard for convention or good seamanship. I can’t imagine leaving a vessel on anchor in Australia and flying back to New Zealand without any provision for the future of the boat any more than I could imagine leaving my vessel at anchor in front of the yacht club, or tying up to a busy wharf, or in a narrow channel. These actions simply defy common sense. But what is even more amazing is that when a volunteer organisation takes action to safeguard the property of innocent persons in legal occupation of a mooring area, someone would expose them to the expense of litigation.
When I look at photographs of Warlock, and having been aboard her several times over the years, I wonder at the figure of $90,000.00 being claimed for damages.
If this court case is successful all volunteer organisation will be at risk of similar actions.
The cost of insurance and membership fees could rise. There could also possibly be a drop in recruitment as people consider the possible risk to themselves should they get caught up in some bizarre protracted and expensive litigation bought about by someone like Bill Goodhue.

[Shawn 66]

This is a bit long winded but it gives you an idea of the bloke that is suing VMR.

http://www.sunlive.co.nz/blogs/874-extauranga-yachtie-no-stranger-to-strife.html
Ex-Tauranga yachtie no stranger to strife

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http://www.sunlive.co.nz/assets/images/site/graeme2.jpgGraeme Butler
Butler’s Swim with Dolphins
www.swimwithdolphins.co.nz (http://www.swimwithdolphins.co.nz/)An ex-Tauranga yachtie has come unstuck in his dealings with rescue services in Brisbane. Apparently the issue that has arisen is over Bill Goodhue’s yacht Warlock being shifted from a mooring area where it had been anchored.
The two pictures show Warlock alongside the Napier Sailing Club wharf. The ketch was found 40 miles offshore after being missing for about a fortnight. One photo shows the dead albatross that apparently flew into the rigging at some stage during the voyage.
Anchoring in a mooring area is a no-no anyway, but it beggars belief that anyone would anchor a vessel in a mooring area and leave it unattended while returning to New Zealand.
Mr Goodhue is seeking almost $90,000 in damages after his ocean-going ketch, Warlock, keeled over and filled with water after it was allegedly moved from its mooring by Volunteer Marine Rescue in November 2003.
It seems neighbouring yacht owners became concerned about Warlock drifting about among them so they called on rescue services to help. Eventually the vessel was towed to another part of the estuary and re-anchored. It was not clear to anyone where the owner was. It may have been presumed that he had simply strolled off into town for an hour or two. I doubt anyone in their right mind would have guessed that the vessel was simply left on anchor while the owner flew out of the country.
Some time during the ensuing period of what I consider abandonment, the Warlock grounded and sank. So now, some six or seven years after the event, Bill Goodhue has instigated legal proceedings against the volunteer organisation that moved his vessel. A volunteer organisation that relies on public membership and funding for its existence is now faced with a long expensive legal battle.
I remember many years ago Bill occupied the small wharf beside Hutchinson and Harris’ slipway, beside the 600-tonne slipway. Bill tied the then-dilapidated and unkempt Warlock to the wharf and left her there. This little wharf was an essential part of the slipway’s operations and it was very inconvenient for vessels coming and going from the slipway not to be able to use it while one was launched and another was waiting. It was essential for the slipway to have somewhere vessels that needed repair could tie up for an hour or two while work was carried out so having this derelict vessel stuck in the way was a problem.
Bill was asked to move and refused, and when various attempts were made to get him to take his vessel away failed, Bill was trespassed by the slipway owners.
Sadly, jurisdiction of the wharf was legally fuzzy so Bill and his crew could only be trespassed from the slipway. Bill found he could ‘legally’ walk to the slipway from the Moana Pacific wharf area. Eventually after many days, if not a week or two, he moved his vessel because a large fishing vessel was about to be brought into the slip.
The skipper told Bill that controlling this large vessel could prove difficult and that his ketch might well be damaged. Bill promptly moved his obnoxious yacht.
At some stage he anchored Warlock in front of the yacht club and left her there. But the yacht club racing programme obviously needed this area for keeler starts and so on.
Kids launched their small craft from there and raced and practiced. so having this unattended edifice plonked in the middle of their playground was very inconvenient.
Efforts to get Bill to move his yacht were slow but eventually successful - to a point.
The yacht showed up in the Waikareao Estaury in front of the fishing and diving club and remained there for a long time, also on anchor and unattended, unlit at night and a real hassle for the dozens of small vessel using the boat ramp.
Bill had a similar adventure with his long-suffering vessel during a voyage to the Chatham Islands. He had a sheet wrap around his prop. When he was 40 miles or so off Kaingaroa, a small fishing port on Chatham’s rugged northern coast – and probably within VHF range, he called for a tow.
A fishing vessel went to his aid and he was towed in and given a mooring to use. A storm arrived within a day or so and the windlass, to which the mooring chain was attached, was torn from the deck.
Eventually Bill sailed Warlock to Waitangi on the western side of the island and site of the island’s largest settlement. This is the Chathams – land of horizontal trees, perpetual gales, unpredictable weather, huge seas and currents. Waitangi has a mooring area akin to the main beach at the Mount.
Moorings are huge blocks with massive chains because the risk to vessels is considerable.
Bill plonked Warlock on anchor and hitched a ride back to do some urgent business at Kaingaroa, 40 or 50kms away. Warlock obeyed the laws of physics and dragged her anchor about the mooring area, bashed into a couple of boats and really pissed people off.
Bill’s Chatham Islands adventure ended when he sailed away after his boat had been at Port Hutt for many months. The mooring’s owners had let Warlock occupy it on a temporary basis and had no idea they would have Warlock on their hands for so long. Of course it is the way of Chatham Islands sea people, to look after vessels, even strays, in the same way responsible urban people look after their pets. So Warlock was checked regularly to make sure she didn’t sink.
Bill sailed alone from the Chathams on a day when according to the local policeman, the worst northerly storm for five years was about to hit the island. Bill and his boat disappeared and for about nine days afterwards Search & Rescue became involved.
A lot of effort and money went into the search. There was much anxiety and worry among Bill’s friends and family and as time went on, the chances seemed to be on the side of the Grim Reaper and Davy Jones’ recycling plant rather than Bill, Warlock, or blind, uncanny luck.
However, Warlock was eventually found about 40 miles off Napier. Bill was alive and he eventually arrived in Napier with a garroted albatross in the rigging, alive and cold, but tied up at last.
Bill made headlines in Napier when he tied another vessel, the Oygle, to piles in Napier that were destined to be removed for construction of marina berths.
It was Bill’s form of protest regarding Napier Yacht Club plans, supported by a majority, to build a marina in a mooring area. Bill reportedly described the club as a ‘secret squirrel society’ for the benefit of wealthy boat owners and reckoned mooring owners were being compromised by the construction of more berths.
The police arrived after many months of protest and failed attempts at negotiation, and Oygle occupying prime space among the construction site. Oygle’s chains were cut and Bill declared, belatedly, that he wasn’t going to cause any more trouble.
That would have to be the understatement of the century.
In my opinion the trouble seems to be that Bill has little regard for convention or good seamanship. I can’t imagine leaving a vessel on anchor in Australia and flying back to New Zealand without any provision for the future of the boat any more than I could imagine leaving my vessel at anchor in front of the yacht club, or tying up to a busy wharf, or in a narrow channel. These actions simply defy common sense. But what is even more amazing is that when a volunteer organisation takes action to safeguard the property of innocent persons in legal occupation of a mooring area, someone would expose them to the expense of litigation.
When I look at photographs of Warlock, and having been aboard her several times over the years, I wonder at the figure of $90,000.00 being claimed for damages.
If this court case is successful all volunteer organisation will be at risk of similar actions.
The cost of insurance and membership fees could rise. There could also possibly be a drop in recruitment as people consider the possible risk to themselves should they get caught up in some bizarre protracted and expensive litigation bought about by someone like Bill Goodhue.
Just goes to prove , you do not have to have a long neck , to be a goose .
Shawn

[propdinger]

That should hopefully come out in court to show legal precedent of his character leaving a boat in a mooring area on anchor has to be enough to get them off as he left it unsecured cause he was too tight to pay for mooring fees (even in NZ )

[mustang5]

This is disgusting.....

What a shameless excuse of a man!

[Hossfish]

Shark fishing anyone.

I know where we can get some good bait.

What a low life

Cheers Greg

[death_ship]

I was once told by a wise man, never trust a white kiwi

[WalrusLike]

This bloke is a self-serving a hole. My earlier 'disgusting' curse of him is more than justified IMHO.

"In economics, the tragedy of the commons is the depletion of a shared resource by individuals, acting independently and rationally according to each one's self-interest, despite their understanding that depleting the common resource is contrary to the group's long-term best interests."

http://en.m.wikipedia.org/wiki/Tragedy_of_the_commons

This bloke takes from the common good and doesn't listen to reason. In NZ when being a public nuisance he only moved his boat in response to threats of boat damage by trawler captains etc.

In addition he has cost heaps in a search operation in NZ when he demonstrated crappy seamanship. He disgusts me.

My apologies to spellcheck, but I still would curse the slimy bugger.

[WalrusLike]

Oh... and since I seem to be in rant mode.... :) ( Being told my view is disgusting probably wound me up...)

Don't you reckon 99 people out of a hundred would not want this ever to be in a courtroom since its blatantly unjust....

What's wrong with our system that the VMR need to pay money to defend it.

I wish we had a 'court of common sense' that could rule ( for free) on whether this should proceed to expensive lawyer involvement.

[chappie]

Seems surreal he can waste time and resources suing the vmr for negligence when it was his initial negligence in leaving the vessel unsecured while he buggered off to nz?
What an oxygen thief.
Iain

[banksmister]

Bit more on the legal side of things

http://blog.une.edu.au/EmergencyServicesLaw/2010/08/03/volunteer-liability-put-to-the-test/

[TopBhoy]

Mr Hubner admitted not everyone was happy about the ruling, with police often asking the organisation to assist in the retrieval of unmanned vessels.

"We've said 'no' to both Maritime Safety Queensland and police," he said.

"We've asked them to put in writing that we won't be held accountable - we're a bunch of volunteers - but they won't.


My 2c worth is that this guy, repugnant as he is from reading some of the articles, is shining a beacon into the entire rescue set-up. The big picture in this situation is not necessarily the withdrawal of co-operation by a service manned by volunteers but the refusal of either Maritime Safety Queensland or the police to take ownership of potentially dangerous situations. It needs either of these authorities to take responsibility for their instructions, not the VMR who will only act under instructions from a higher command and control commander. If either of the two public bodies haven't the manpower or expertise then the issue should be raised as a matter of public concern - but I highly doubt that this is the situation.

[johncar]

Just another stupid example of our drag it out, rip off the community legal system in my opinion. All in it for their chop, the judge and all his mates. Honest sensible and practical people would have told this turkey to p!$$ off and if anything would have fined him for creating a navigational hazard and endangering other vessels plus pay the costs of VMR to move the piece of junk.
There are always low life turkeys out there looking for an oportunity to scab off others hard work.
They would be powerless if the clowns in our courts just threw these scumbag cases out, they so often don't and it is not serving justice to drag this out so it can only be so they can play their little legal games and milk it for what they can.
They obviously don't give a rats about the whole community volunteer thing and the damage they are causing, so long as they can test an interesting point of law, what rubbish!
Rant over....

[Fed]

I'm wondering if the VMR is a legal entity?
Can't sue the volunteers and it's pretty hard to sue thin air.

[fisho8]

Pretty sad state of affair really and is a kick in the guts for the local VMR just shows how rediculous the law system is. People will sue for just about anything these days some cases are legit but most are just utter nonsense I do hope theVMR gets a good outcome and this bum stay's in NZ when it is all done.

[Feral]

if the Judge has ordered mediation, the VMR had better make sure their check book is handy, he obviously thinks there is a case.

[thylacene]

I'm wondering if the VMR is a legal entity?
Can't sue the volunteers and it's pretty hard to sue thin air.

http://www.marinerescuensw.com.au/images/newsDocs/FinancialStatementsReports2012.pdf

Company limited by guarantee and ABN No. Makes them a target. From my understanding, there are possibly one or more individuals that provide that guarantee that may be held liable for a specified amount.

Is this kiwi dude's name Wayne Kerr?

[finga]

Is this kiwi dude's name Wayne Kerr?
I thought it was Mike Hunt.

[Lucky 1]

Now come on guys, we need to look at it from his point of view.............nah, can't think of anything positive to say on that topic.

I hope VMR get awarded costs against him. Good on them for digging their heals in and its a shame they need to spend good money on this farce.

[Fed]

http://www.marinerescuensw.com.au/im...eports2012.pdf (http://www.marinerescuensw.com.au/images/newsDocs/FinancialStatementsReports2012.pdf)

Company limited by guarantee and ABN No. Makes them a target. From my understanding, there are possibly one or more individuals that provide that guarantee that may be held liable for a specified amount.
VMR NSW isn't VMR Southport Thylacene.

Name:VOLUNTEER MARINE RESCUE SOUTHPORT SURFERS PARADISE ASSOCIATION INC.ABN:
Registration number: IA00342State of registration: QueenslandRegistration date: 11/03/1997
https://connectonline.asic.gov.au/RegistrySearch/adf/images/t.gifStatus: RegisteredDate deregistered:
Type: AssociationsPrincipal place of business:
Regulator: Office of Fair Trading, Queensland
No ABN and listed as an 'Association', it could be like trying to sue GOD.

[LittleSkipper]

Just another tosser looking for a free handout!

To sue a Volunteer organisation that is there to help people is the lowest of low acts.

Karma will get this #&@"

[oldjoe]

It appears this 'waste of skin' has a history as a serial nuisence and is now adding parisite to his resume....deport the flea

[moater]

What an r-sole!!!

Would like to find out his phone number etc.