Singapore legislation
Section 29
of Merchant Shipping (Civil Liability and Compensation for Oil Pollution) Act 1998
Section 29
Jurisdiction and effect of judgments
(1)
Section 3(1)(d) of the High Court (Admiralty Jurisdiction) Act 1961 is to be construed as extending to any claim in respect of a liability falling on the Fund under this Part.
(2)
Where, in accordance with Rules of Court made for the purposes of this subsection, the Fund has been given notice of proceedings brought against an owner or insurer in respect of liability under section 3, any judgment given in the proceedings becomes, after it has become final and enforceable, binding upon the Fund in the sense that the facts and evidence in the judgment may not be disputed by the Fund even if the Fund has not intervened in the proceedings.
(3)
Where a person incurs a liability under the law of a Fund Convention country corresponding to this Part for damage which is partly in the territory of Singapore, subsection (2) applies (with the necessary modifications) for the purpose of proceedings under this Part, to a judgment in proceedings under that law of that country.
(4)
Subject to subsection (5), Part 1 of the Reciprocal Enforcement of Foreign Judgments Act 1959 applies (whether or not it would so apply apart from this section) to any judgment given by a court in a Fund Convention country to enforce a claim in respect of liability incurred under any provision corresponding to section 27, and in its application to such a judgment that Part has effect with the omission of section 5(3) and (4) of that Act.
(5)
No steps may be taken to enforce such a judgment unless and until the court in which it is registered under Part 1 of the Reciprocal Enforcement of Foreign Judgments Act 1959 gives leave to enforce it, and —
that leave is not to be given unless and until the Fund notifies the court either that the amount of the claim is not to be reduced under section 28(1) or that it is to be reduced to a specified amount; and
in the latter case, the judgment is enforceable only for the reduced amount.