Singapore legislation
Clause 6
Clause 6
Limitations of liability
(1)
It is hereby declared that the limitations on liability in Article 22 in the First and Second Schedules shall apply whatever the nature of the proceedings by which liability may be enforced and that, in particular —
those limitations shall apply where proceedings are brought by a tortfeasor to obtain a contribution from another tortfeasor; and
the limitation for each passenger in Article 22(1) in the First and Second Schedules shall apply to the aggregate liability of the carrier in all proceedings which may be brought against him under the law of Singapore, together with any proceedings brought against him outside Singapore.
(2)
A court before which proceedings are brought to enforce a liability which is limited by Article 22 in the First or Second Schedule may at any stage of the proceedings make any such order as appears to the court to be just and equitable in view of the provisions of that Article, and of any other proceedings which have been, or are likely to be, commenced in Singapore or elsewhere to enforce the liability in whole or in part.
(3)
Without prejudice to subsection (2), a court before which proceedings are brought to enforce a liability which is limited by Article 22 in the First or Second Schedule shall, where the liability is, or may be, partly enforceable in other proceedings in Singapore or elsewhere, have jurisdiction to award an amount less than the court would have awarded if the limitation applied solely to the proceedings before the court, or to make any part of its award conditional on the result of any other proceedings.
(4)
The Minister may, by order published in the Gazette, from time to time specify the respective amounts which for the purposes of Article 22 in the First and Second Schedules, are to be taken as equivalent to the sums expressed in francs which are mentioned in that Article.
(5)
References in this section to Article 22 in the First Schedule include, subject to any necessary modifications, references to that Article as applied by Article 25A in the First Schedule.