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IN RE POLISH OCEAN LINES OF GDYINA
NLR61V251
[IN THE COLONIAL COURT OF
ADMIRALTY OF CEYLON]
1957 Present: Basnayake, C.J.
IN RE POLISH OCEAN LINES OF GDYINA
Applications 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 value of the salved property.
In assessing the reward for salvage the Court takes into account not merely the
actual expenses incurred but also the loss suffered by the salvor.
THIS
was an action for salvage.
S. J. Kadirgamar, for Plaintiff in Applications Nos. I and 2.
No appearance for defendant.
Walter Jayewardene, with B. O. F. Jayaratne, Crown Counsel,
Attorney-General (On notice).
Walter Jayewardene, with B. O. F. Jayaratne, Crowd Counsel, .Principal Collector
of Customs (On notice).
Cur. adv. vult
June 7,1957. BASNAYAKE, C.J.-
This is an action for salvage by the salvor the Polish Ocean Lines Gdyina in
Poland. It would appear that when the plaintiff's mo vessel "Mickiewicsz" of
2,240 tons was proceeding on a voyage from Tsing Tao laden with a cargo of
Peanuts and Sesame seeds on or about 2nd April 1953 a motor launch was noticed
in the Bay of Bengal about 700 miles from Colombo Latitude 050 56" N Longitude
910 45" E adrift in the Ocean. A Chinaman, its sole occupant, was in an
exhausted condition. The Master picked up the motor launch with the famished
China man. On examination it was found that the launch had a cargo of packages
of tins described as condensed milk which when opened were found to contain opium.
The course of the vessel was deviated Colombo, which was the nearest port. The
Customs authorities took charge of the opium which weighed 738 kilograms and was
valued at Rs. 29,562.1 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 were noticed
deny any liability to pay salvage to the plaintiff. Neither 1 owner of the
salvaged vessel nor the Chinaman who was found in it 1 though noticed entered
appearance in these proceedings. The Principal] Collector of Customs has
deposited the value of the opium in Court a neither he nor the Attorney-General
makes any claim thereto.
The only question that arises for decision is what amount the plaintiff is
entitled to as salvage. There is no absolute rule or fixed scale of remuneration
in civil salvage (The Ewell Grove 1835 3 Hagg. 209,221). The amount of the
salvor's reward, in the absence of a valid agreement, in matter to be determined
in the discretion of the Court. There are certain limits laid down in the
decisions. Kennedy (Civil Salvage 3rd p. 146) states:-
"It may be taken, however, as a safe general rule that in no case which the
owner of the salvaged property appears will the Court award the salvor more than
a moiety of the value of the salved property
The matters that may be taken into account in assessing the reward 3re thus
classified in Kennedy:
A. As regards the things salved:
(1) The degree of danger to human life.
(2) The degree of danger to property.
(3) The value of the property as salved.
B. As regards the salvors:
(1) The degree of danger to human life.
(2) Their skill and conduct.
(3) The value of the property employed in the salvage service.
(4) The danger to which the property is exposed.
(5) The time and labor expended in the performance of the salvage
Service.
(6) Responsibilities incurred in the performance of the salvage service, Such, e.g. as risk to the insurance, and liability to passengers or
Freighters through deviation or delay.
(7) 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 amount of the salvage reward dep
