Merchant Shipping Order, 2002 · As enacted · Part XI
165. Determination of salvage disputes
Official textFrom Attorney General's Chambers, unchanged
Disputes as to the amount of salvage, whether of life or property and whether rendered within or outside Brunei Darussalam, arising between the salvor and the owners of any ship, cargo, apparel or wreck shall, if not settled by agreement, arbitration or otherwise, be determined summarily by a Court of a
salvor
"salvor", in relation to salvage services rendered by the officers or crew or part of the crew of any naval ship, means the person in command of that ship;
Magistrate in any case where -
the parties to the dispute consent;
the value of the property saved does not exceed $50,000; and
the amount claimed does not exceed $50,000.
475
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Subject to subsection (lL disputes as to salvage shall be determined by the High Court, but if the claimant does not recover in the High Court more than
$50,000, he shall not be entitled to recover any costs, charges or expenses incurred by him in the prosecution of his claim unless the High Court certifies that the case is a fit one to be tried by the High Court.
Disputes relating to salvage may be determined on the application either of the salvor or of the owner of the property saved or of their respective agents.
Determination of disputes as to salvage summarily.
Terms defined in s 2
salvor
Defined · s 2"salvor", in relation to salvage services rendered by the officers or crew or part of the crew of any naval ship, means the person in command of that ship;
ship
Defined · s 2"ship" means any kind of vessel used in navigation by water, however propelled or moved and includes - (a} a barge, lighter or other floating vessel; and (b) an air cushion vehicle, or other similar craft, used wholly or primarily in navigation by water;