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Old 07-03-2012, 14:10   #226
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Re: Spirited 380 Lost in the Coral Sea

I don't know (and don't care to know) what planet you come from DOJ, but no one on the 'planet multihull' has, or would ever suggest that a voyage where the vessel was abandoned was a successful one. However, thanks for at least remaining consistent. I would have expected nothing less (and certainly nothing more) from you than yet another unhelpful, inflammatory post in your continuing and tiresome effort to insult all multihull owners and to condemn all multihulls.

As to your beer drinking fund, I suspect that you have had more than enough already and that it does not improve either your attitude or your ability to reason!

Brad
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Old 07-03-2012, 15:19   #227
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Re: Spirited 380 Lost in the Coral Sea

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Originally Posted by dirkdig View Post
Well finders keepers does very much apply in Australia,
In Victoria if you find say $250,000 in cash and hand it in after a period of time if no one claims it then it's all yours.
Why would it be different if no one was to claim a stray boat?
But before some one states the clearly obvious this boat has been claimed
Ahem - we are getting way off topic here but

Find - hand in to Police - then get to keep is a long way from finders keepers.

For the record - all stealing by finding law is based on exactly that concept - that the finder will take reasonable steps to locate the owner, and usually handing to police is considered more than reasonable,
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Old 07-03-2012, 15:39   #228
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Re: Spirited 380 Lost in the Coral Sea

Interesting story on Marine salvage down in Victoria.....

Basically the fishermen are holding the vessel until the owner comes up with some cash and if he don't cough up, guess who gets the boat??.....

Constellation’s dramatic adventure | Bigoceans.com
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Old 07-03-2012, 18:57   #229
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Re: Spirited 380 Lost in the Coral Sea

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Originally Posted by IslandHopper View Post
Interesting story on Marine salvage down in Victoria.....

Basically the fishermen are holding the vessel until the owner comes up with some cash and if he don't cough up, guess who gets the boat??.....

Constellation’s dramatic adventure | Bigoceans.com
I don't want to hijack the thread but now that Minx has been recovered there are rightfully questions being raised about what is the situation with marine salvage.

The traditional test of whether or not a vessel is derelict depends upon the intentions of the master and crew when leaving. If, having abandoned the vessel without an intention to return, the master and crew later change their mind, the vessel remains “derelict” for the purpose of the law of salvage.

Considering a recent example, Skandia Wild Thing was abandoned in a recent Sydney to Hobart but never became “derelict” because the skipper Grant Warrington always intended to recover it later.

In the case of Constellation the skipper just wanted to get off his vessel and even contemplated running it aground but after an unsuccessfull attempt at towing it maybe he just then considered it lost which then made it a derelict vessel being fair game.

I have heard inteviews with commercial fisherman in places like Eden who have said how much they look forward to the Sydney to Hobart race as they need to catch a damn lot of fish to even come close to the value of some of the yachts that are abandoned at sea which are classified as derelict.

Here is a document which explains the Marine Salvage situation for those that are interested but let's not go down another path into an indepth discussion of Marine Salvage lets keep on the path of discussing Minx.

I have posted this info with the hope of clarifying the situation to hopefully stop the discussion from deviating down the salvage path.
Attached Files
File Type: pdf The Law of Salvage.pdf (90.2 KB, 56 views)
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Old 07-03-2012, 19:10   #230
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Re: Spirited 380 Lost in the Coral Sea

Observation re salvage: Owner posted his intention to recover his vessel and sought assistance to do so in this forum maybe else where.

Observation re Coral sea: look back on some of the comments made about the boat being in the area at that time

Any way lets be glad for the owner and thanks to whom ever may have assisted him.
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Old 07-03-2012, 20:34   #231
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Re: Spirited 380 Lost in the Coral Sea

Quote:
Originally Posted by Ozbullwinkle View Post
I don't want to hijack the thread but now that Minx has been recovered there are rightfully questions being raised about what is the situation with marine salvage.

The traditional test of whether or not a vessel is derelict depends upon the intentions of the master and crew when leaving. If, having abandoned the vessel without an intention to return, the master and crew later change their mind, the vessel remains “derelict” for the purpose of the law of salvage.

Considering a recent example, Skandia Wild Thing was abandoned in a recent Sydney to Hobart but never became “derelict” because the skipper Grant Warrington always intended to recover it later.

In the case of Constellation the skipper just wanted to get off his vessel and even contemplated running it aground but after an unsuccessfull attempt at towing it maybe he just then considered it lost which then made it a derelict vessel being fair game.

I have heard inteviews with commercial fisherman in places like Eden who have said how much they look forward to the Sydney to Hobart race as they need to catch a damn lot of fish to even come close to the value of some of the yachts that are abandoned at sea which are classified as derelict.

Here is a document which explains the Marine Salvage situation for those that are interested but let's not go down another path into an indepth discussion of Marine Salvage lets keep on the path of discussing Minx.

I have posted this info with the hope of clarifying the situation to hopefully stop the discussion from deviating down the salvage path.
Very good info there, OZ. Thanks,

Clears the salvage bit out of the way,
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Old 07-03-2012, 21:11   #232
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Re: Spirited 380 Lost in the Coral Sea

On a bucking boat in bad seas and high winds,,

Too the point of having to call for assistance in the middle of an ocean,

Sit back and think about it, What would you do,

You are seriously trying to save your passengers and your boat,

You have a lot of things happening that dont happen at all, ever, any where else.

Sinking in the middle of the ocean can only be practised to a certain extent on land, or in a Marina,

You just dont know what can happen out there and the circumstances that they happen under,

Minx took 3 days before they called for help,

My Beaching happened in less than 10 minutes, From dead calm to smashed on the beach,

over 100 Boats on anchor in the Burnett River were pulled under by their anchor chains getting covered in grass and the weight just dragged them under, That was a flood coming down the river,

Your sails are wrecked,
Your motor or motors are Kaput, For what ever reason,
And this can happen to the most meticulously maintained motors as well.
You have water coming in,
No propulsion, so more than likely you will be beam on to the waves, More water coming in,
Your being thrown around in a washing machine,severely.
Your bilge pumps dont work satisfactorily, or dont work at all.
You have just discovered that they are so far under size that they are useless to cover the incoming water,
Are you going to sink,
Will your vessel sink or float, Is the floatation in it enough to keep it on the surface,
Do you have sick or hysterical people on board to calm down and take care of as well.
Can I take to the life raft out here, Safely, how many people do I have to cram into it,

Bugger it, I should have read that scary thread on CF or M4U, It would have given me a few more idea's to work on, to save my vessel.

Its a little bit different than grabbing another coffee in front of your computer,

and hanging **** on any one that happens to get caught out by circumstances usually well beyond their control.

I hope you do get a boat one day and fullfill your dreams, and actually cast off and go out on the ocean,

I hope you are never in a life threatening situation with a boat, EVER,

It is not a good situation to be in,

Before you ridicule or accuse, take a walk in their shoes,

Cheers,
Brian,
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Old 07-03-2012, 22:22   #233
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Re: Spirited 380 Lost in the Coral Sea

Well written Mr B.
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Old 07-03-2012, 22:31   #234
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Re: Spirited 380 Lost in the Coral Sea

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Well written Mr B.
I second that motion!
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Old 08-03-2012, 01:18   #235
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So if I find a boat floating around should I tow it home or not?
If I have no finders rights it can stay where it is.
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Old 08-03-2012, 01:26   #236
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Re: Spirited 380 Lost in the Coral Sea

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So if I find a boat floating around should I tow it home or not?
If I have no finders rights it can stay where it is.
I'd tow it home if I was you - as they say nothing ventured nothing gained.
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Old 08-03-2012, 02:19   #237
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Re: Spirited 380 Lost in the Coral Sea

The trick if you were shrewd would be to invoice for a large "recovery / salvage" fee in the hope that the owner couldn't afford to pay it. But that wouldn't happen in Australia :-)

After reading all of these threads, I have decided that if the boat is in tact (catamaran of course) and it's time to abandon (in my opinion at the time), take a couple of Valiums and sleep it out!
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Old 08-03-2012, 06:02   #238
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I agree with ausaviator, it seems there are more abandoned cats showing up than not.
Rod cat,s boat last year made it ashore and now minx, let alone any others out of Australia.
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Old 09-03-2012, 08:02   #239
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Re: Spirited 380 Lost in the Coral Sea

Would love to see some pictures of the condition of the boat.
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Old 12-03-2012, 02:53   #240
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Re: Spirited 380 Lost in the Coral Sea

Calling all Aussie CF contributors near Innisfail - come on guys surely someone can get some footage or at least some pics to satisfy our curiosity on the condition of Minx.

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