Singapore legislation

Clause 137

of Merchant Shipping Bill

Clause 137

Power of High Court to consolidate claims against owners, etc.

(1)

Where any liability is alleged to have been incurred by the owner of a ship in respect of any occurrence in respect of which his liability is limited under section 136, and several claims are made or apprehended in respect of that liability, then the owner may apply to the High Court, and the Court may —

(a)

determine the amount of the owner’s liability;

(b)

distribute that amount rateably among the several claimants;

(c)

stay any proceedings pending in any other court in relation to the same matter; and

(d)

proceed in such manner and subject to such regulations as to —

(i)

making persons interested parties to the proceedings;

(ii)

the exclusion of any claimants who do not come in within a certain time;

(iii)

requiring security from the owner; and

(iv)

payment of any costs,as the Court thinks just.

(2)

In making any distribution in accordance with subsection (1), the High Court may, if it thinks fit, postpone the distribution of such part of the amount to be distributed as it thinks appropriate, having regard to any claim that may later be established before a court of any country outside Singapore.

(3)

No lien or other right in respect of any ship or property shall affect the proportions in which any amount is distributed among several claimants under this section.

Clause 137 — Merchant Shipping Bill | laws.sg