N.V. BUREAU WIJSMULLER v. THE "TOJO MARU" (OWNERS)

[1969] 1 Lloyd's Rep. 133

ADMIRALTY DIVISION

Before Lord Justice Willmer, sitting as an additional Judge of the Probate, Divorce and Admiralty Division

Limitation of liability-Salvage-Salved vessel damaged by negligence of salvors' diver working from salvors' tug-Claim by salvors to limit liability-Whether negligent act of diver an act "on board" or "in the management" of salvors' tug-Right of owner of salved vessel to set-off by way of counter-claim for damage to salved vessel against salvage award-Merchant Shipping Act, 1894, Sect. 503-Merchant Shipping (Liability of Shipowners and Others) Act, 1958. Salvage - Award - Salved vessel damaged by negligence of salvors' employee-Diminished award by arbitrator-Whether owners entitled to counterclaim for damage to salved vessel -Claim by salvors to limit liability-Whether right of set-off between salvors' salvage claim and owners' counterclaim-Whether right to limit liability applicable only to balance of counterclaim. Equity - Set-off - Claim for salvage award - Salved vessel damaged by negligence of salvors' employee-Whether owners had right of set-off against salvors' claim- Whether salvors entitled to limit liability- Whether limitation of liability applied before or after set-off.