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

[1971] 1 Lloyd's Rep. 341

HOUSE OF LORDS

Before Lord Reid, Lord Morris of Borth-y-Gest, Viscount Dilhorne, Lord Pearson and Lord Diplock

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. 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 counterclaim for damage to salved vessel against salvage award-Merchant Shipping Act, 1894, sect. 503-Merchant Shipping (Liability of Shipowners and Others) Act, 1958.