Merchant Shipping (Civil Liability Convention) Act, 2013 (Act No. 25 of 2013)Part 2 : Compensation8. Applications to determine limit of liability |
| (1) | If a claim for compensation under the 1992 Liability Convention is made in the High Court against, or is apprehended by, the owner of a ship, or the insurer or other person providing financial security for the liability of the owner of the ship for pollution damage, the owner, insurer or other person, as the case may be, may apply— |
| (a) | in the case where a claim for compensation under the 1992 Liability Convention has been made in the High Court, to the division of the High Court in which the claim for compensation has been made; or |
| (b) | in any other case, to any division of the High Court having jurisdiction contemplated in section 7, |
to determine whether he or she may limit his or her liability under the 1992 Liability Convention and, if so, the limit of that liability.
| (2) | If the High Court determines that a person’s liability may be limited under the provisions of the 1992 Liability Convention, the High Court may make any order it thinks fit in respect of the apportionment and distribution, in accordance with those provisions, of a fund for the payment of claims under those provisions. |