P. B. Umbichy Ltd. v. Hede Navigation (Pte) Ltd. – sllr 1994 volume 3 page 054

In the case between P. B. Umbichy Ltd. and the owner of the vessel m.v. “Shantha Rohan” (with involvement by Hede Navigation (Pte) Ltd.), the court addressed whether substantive law was in force authorizing the High Court of Colombo to exercise admiralty jurisdiction during the interim period between 2 July 1979 and 1 November 1983. It was determined that, due to the repeal of the relevant provision (section 54 of the Judicature Act) prior to the commencement of the Admiralty Jurisdiction Act No. 40 of 1983, no statutory foundation existed to confer admiralty jurisdiction upon the High Court during that period. The writ of summons and the order arresting the vessel issued on 1 September 1983 were found to be unlawful. The court set aside the High Court’s earlier decision, declared the rela