Section 41
Section 41
(1)
Subject to the following provisions of this Act, where in any action or proceedings in a court in Brunei Darussalam the law of any other country falls (in accordance with rules of private international law applicable by any such court) to be taken into account in the determination of any matter —
(a)
the law of that other country relating to limitation shall apply in respect of that matter for the purposes of the action or proceedings; and
Limitation 32
(b)
except where the matter falls within subsection (2), the law of Brunei Darussalam relating to limitation shall not so apply.
(2)
A matter falls within this subsection if it is a matter in the determination of which both the law of Brunei Darussalam and the law of some other country fall to be taken into account.
(3)
The law of Brunei Darussalam shall determine for the purposes of any law applicable by virtue of subsection (1)(a) whether, and the time at which, proceedings have been commenced in respect of any matter; and, accordingly, section 47 shall apply in relation to time limits applicable by virtue of subsection (1)(a) as it applies in relation to time limits under this
Act.
(4)
A court in Brunei Darussalam, in exercising in pursuance of subsection (1)(a) any discretion conferred by the law of any other country, shall so far as practicable exercise that discretion in the manner in which it is exercised in comparable cases by the courts of that other country.
(5)
In this section, “law”, in relation to any country, shall not include rules of private international law applicable by the courts of that country or, in the case of Brunei Darussalam, this Act.
Exceptions to section 41.