FAIR DINKUM: New Zealander Bill Goodhue.
WHEN does a Kiwi become an Aussie? When a judge rules that he's Aussie enough, that's when.
A Gold Coast judge has done just that in a court victory for a New Zealand sailor.
Bill Goodhue, of Napier, is suing the Volunteer Marine Rescue for allegedly causing almost $90,000 in damage to his prized yacht in the Southport Broadwater.
Lawyers for the VMR yesterday sought to have Mr Goodhue pay a security of more than $45,000 to cover legal costs in the event he loses the case.
In Southport District Court, they argued he was a "pecunious" (penniless) New Zealander with no formal ties to Australia and should be ordered to pay the money as a safeguard.
Mr Goodhue, who is representing himself, counter-claimed that he lived on his boat part-time in Australia and the costs challenge was an attempt to intimidate him.
"New Zealand's not China, it's just down the road," he told the court.
And Judge Clive Wall, QC, agreed.
He said there were "about a million" New Zealanders who probably saw themselves as de facto Australians because they spent so much time here.
"I know a lot of New Zealanders and they would describe themselves as residents of both countries," he said. "(They) come and go on a regular basis."
Judge Wall ruled that to impose a costs order on Mr Goodhue would be "oppressive" and could stifle his legal action.
Outside court, Mr Goodhue said the VMR had hired high-priced lawyers to try to defeat him but he was determined to fight on.
Mr Goodhue is suing for negligence 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.
The stoush is seen as a major test case of whether volunteer organisations can face potentially crippling lawsuits.
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.
