Going to Court by James Newcombe AssocIIMS One. Preliminary.


Marine surveying as a career is extremely rewarding. This will involve inspecting craft of various types, meeting new people, and in some cases making good friends. And most importantly, earning a reasonable stipend in which to pay the mortgage, feed and clothe your family, and occasionally, being able to take a well-deserved holiday.


However, like any career, there are downsides. Excessive paperwork, poorly maintained vessels, clients or vendors that are horrid, and the long hours can be trying to say the least. And the factor, the majority of us surveyors will fear, litigation, or being dragged in to court is always present. Over my brief career of eleven years, I have talked to numerous boat builders and students, wanting to become marine surveyors. The most detrimental point, is the future likelihood of being taken to court.


Personally, I have been to court four times now. Once, as to be highlighted, against myself, and three times as an expert witness. Although being an expert witness is a good learning experience, and financially rewarding, usually the case is against a fellow surveyor who has failed in their duty. Not a pleasant situation for future relationships, and to be honest, something I try not to volunteer my services for anymore.


46 | The Report • June 2022 • Issue 100


The case I will proceed to document, was against myself and others, several years ago. I will not name the vessel or parties involved, but can confirm that everything took place in New Zealand, in a disputes court. This is to outline my thoughts and fears, the tribunal itself, the end results, and my reflections after several years have passed. Hopefully, this will encourage people into the profession and not hinder them.


The case started with myself surveying a ten metre, fibreglass, motor launch, with an inboard diesel engine driving a stern leg. I surveyed the vessel as normal, with percussion and moisture meter testing being undertaken. Throughout the process I found several major faults. In particular, extensive delamination of the fore deck structure. Toward the end of the survey my client turned up, I pointed out the faults, and he decided to terminate the survey and purchase.


At this stage, there was aggression towards myself from the broker present, with condescending remarks and bullying being observed. As I had dealt with this broker many times in the past, I brushed his comments aside, drove home, completed the written survey for my client, and thought that was it. Unfortunately, this was only just the beginning of my dealings with this particular vessel.


Approximately six months later, an envelope arrived in my mail box, instructing myself to appear in disputes tribunal in three months. This was lodged by the new owner of the vessel, who had been in strife out on the water and had to be rescued. The vessel was saved with an expert witness taking photos and providing written testament.


And, so the process started. Probably the greatest fear for a surveyor was happening. I had been warned many times, and now I was on the chopping


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