387
B
As a result of a severe storm in June 1909 the nullah within Naval property was blocked by debris from a collapsed wall within the Military property to the South. The Naval Authorities claimed for clearing this debris first from the Colonial and then for the Military Authorities. The former repudiated liability on the ground that the blocking was due to a failure for which they were not responsible and the latter on the grounds of their rights as riparian owners to use the nullah for carrying away debris, of it being the fault of the Naval Authorities if the nullah through Naval property could not convey to the sea the debris it received, and of this debris only partially coming from Military property. The Colonial Authorities believed that but a trifling amount of debris had come from beyond, i.e. South of, the Military property and they have further expressed the opinion that the blocking in this case was due partly to the then incomplete state of the diversion through the Naval Yard.
3.
The Admiralty wish for a decision as to how far the Colonial and Military Authorities respectively are responsible for preventing debris etc. from being swept into the nullah and blocking or jamming the outlet on Admiralty property.
4.
The Admiralty consider that it is only reasonable that the owners of the nullah banks above the Dock Yard should "take all proper precautions to prevent any debris finding its way into the water-course". From a suggestion made by them that arrangements should be made in future "to provide for any expenditure necessary for removing the debris brought down by the floods", it would appear that they consider that the clearing of the nullah within Naval property should in future be paid for by all three authorities in some proportion to be determined - either in accordance with the lengths of the nullah within the properties administered by the three authorities or in some other way.
The Law Office support the local Military Authorities' contention for the rights that have always existed "of the owners of the nullah to allow water to flow down it to the sea with all it contains".