062-NLR-NLR-V-61-TN-RE-POLISH-OCEAN-LINES-OF-GDYINA.pdf
In re Polish Ocean. Lines of Gdyinu
251
[Is THU COLOSXAIi COTJBT OF AbmtraT.TT OB' CEYLON]
1957Present.- Basnayake, C.J.In be POLISH OCEAN LINES OF GLYINAApplications Nos. 1 and 2 of 1953
Action for salvage—Assessment of reward.
In this action for salvage the owner of the salvaged vessel did not appear.The vessel was a derelict at the time it- was salvaged.
Held, that the Court could award the salvor more than a moiety of the valueof the salved property.
In assessing the reward for salvage the Court takes into account not. merelythe actual expenses incurred but also the loss suffered by the salvor.
H1892) A. O. 551 at page 583.
252
BASNAYAJCE, C. J.—In, re Polish, Ocean Lines of Gfdyina
rJ['HIS was an action for salvage.
S. J. Kadwgamar, for Plaintiff in Applications Nos. 1 and 2.
No appearance for defendant.
Walter Jaycmardene, ■with B. G. F. Jayaratne, Grown Counsel, forAttorney-General (On notice).
Walter Jayawardene, with B. G. F. Jayaratne, Crown Counsel, forPrincipal Collector of Customs (On notice).
Gur. adv. wit.
June 7, 1957. Baskayake, C.J.—
This is an action for salvage by the salvor the Polish Ocean Lines ofGdyina in Poland. It would appear that when the plaintiff's motorvessel “ Mickiewiosz ” of 2,240 tons was proceeding on a voyage fromTsing Tao laden with a cargo of Peanuts and Sesame seeds on or about2nd April 1953 a motor launch was noticed in the Bay of Bengal about700 miles from Colombo Latitude 05° 56" N Longitude 91° 45" E adriftin the Ocean. A Chinaman, its sole occupant, was in an exhausted condi-tion. The Master picked up the motor launch with the famished China-man. On examination it was found that the launch had a cargo of 29packages of tins described as condensed milk which when opened werefound to contain opium. The course of the vessel was deviated toColombo, which was the nearest port. The Customs authorities took chargeof the opium which weighed 738 kilograms and was valued at Rs. 29,562*71,and the motor launch was taken over by the plaintiff’s agent in Colombo,the Ceylon Trading Company Ltd.
The Attorney-General and the Principal Collector of Customs who werenoticed deny any liability to pay salvage to the plaintiff. Neither theowner of the salvaged vessel nor the Chinaman who was found in it hasthough noticed entered appearance in these proceedings. The PrincipalCollector of Customs has deposited the value of the opium in Court andneither he nor the Attorney-General makes any claim thereto.
The only question that arises for decision is what amount is the plaintiffentitled to as salvage. There is no absolute rule or fixed scale of remu-neration in civil salvage {The Ewell Grove 1835 3 Hagg. 209, 221). Theamount of the salvor’s reward, in the absence of a valid agreement, is amatter to be determined in the discretion of the Court. There are certainlimits laid down in the decisions. Kennedy (Civil Salvage 3rd Ed.p. 146) states :—
“ It may be taken, however, as a safe general rule that in no case inwhich the owner of the salvaged property appears will the Court awardthe salvor more than a moiety of the value of the salved property. ”
BASXAYAKE, C.J.—In re Polish Ocean Lines of Qdyina
253
!Che matters that may be taken into account in assessing the rewardare thus classified in Kennedy :
A. As regards the things salved :
The degree of danger to human life.
The degree of danger to property.
The value of the property as salved.
IB. As regards the salvors :
The degree of danger to human life.
Their skill and conduct.
The value of the property employed in the salvage service.
The danger to which the property is exposed.
The time and labour expended in the performance of the
salvage service.
Responsibilities incurred in the performance of the salvage
service, such, e.g. as risk to the insurance, and liabilityto passengers or freighters through deviation or delay.
Loss or expense incurred in the performance of the salvage
service, such e.g. as detention, loss of profitable trade,or repair or damage caused to ship, boats, or gear.
The am mint of the salvage reward depends on how many of the aboveelements are present in a given case. According to the plaintiff’s state-ment, which is un contradicted, the costs incurred in the salvage includingthe deviation is £1,332-7-8. The plaintiff does not state that the salvageitself was hazardous or involved any loss or expense in its performance.It is not alleged that freighters have made any claim on the plaintiff inconsequence of the deviation. The plaintiff had also to take the Chinamanto a port that would permit him to land, as the Immigration Authoritiesin Colombo refused to admit him. The salvaged launch is valued atRs. 1,000.
There is a further circumstance that has to be taken into account in•determining the amount of the reward payable. The launch was a dere-lict at the time it was salvaged. The practice of the Court of Admiraltyin awarding a reward for salvage of a derelict 13 stated thus by Brett M. R.in The City of Chester1—“ Even in the case of derelict the Court ofAdmiralty has hardly ever under any circumstances, and in no known caseof non-derelict has ever awarded, as for salvage reward, more than halfof the value of the property saved. ” Instances of rewards of more thanhalf are not unknown in cases in which the owners did not appear.
In the circumstances of this case and bearing in mind the fact that theCourt in assessing the reward for salvage takes'into account not merelythe actual expenses incurred but also the loss suffered by the salvor, Iassess the reward of the salvor at Rs. 20,000 and I also award him costs.After deducting Rs. 1,000 the value of the launch handed over to thesalvor’s agent the balance sum of Rs. 19,000 and the costs should be paidout of the money deposited in Court.
Judgment for plaintiff.
1 {1884) 9 P. -D. 182, 186.