Section 15
Jurisdiction of Brunei Darussalam courts and registration of foreign judgments
of Merchant Shipping (CIVIL Liability and Compensation for Oil Pollution) Act
(1)
Section 3(2)(d) of the Admiralty Jurisdiction Act (Chapter 179)
shall be construed as extending to any claim in respect of a liability incurred by the owner of a ship under this Part.
(2)
Where —
(a)
any oil is discharged or escapes from a ship but does not result in any damage caused by contamination in the territory of
Brunei Darussalam and no measures are reasonably taken to prevent or minimise such damage in that territory; or
(b)
any relevant threat of contamination arises but no measures are reasonably taken to prevent or minimise such damage in the territory of Brunei Darussalam, no court in Brunei Darussalam shall entertain any action (whether in rem or in personam) to enforce a claim arising from any relevant damage or cost —
(i)
against the owner of the ship;
(ii)
against any person to whom section 5(1)(ii) applies, unless any such damage or cost resulted from any thing done or omitted to be done by him either with intent to cause any such damage or cost or recklessly and in the knowledge that any such damage or cost would probably result; or
Merchant Shipping
(Civil Liability and Compensation for Oil Pollution)
B.L.R.O. 5/2024 21
(iii)
against any person taking any of the measures referred to in subsection (3)(a) or (b), unless any such damage or cost resulted from any thing done or omitted to be done by him either with intent to cause any such damage or cost or recklessly and in the knowledge that any such damage or cost would probably result.
(3)
In subsection (2), “relevant damage or cost” means —
(a)
in relation to any discharge or escape referred to in subsection (2)(a), any damage caused in the territory of another
Liability Convention country by contamination resulting from that discharge or escape, or any cost incurred in taking measures to prevent or minimise such damage in the territory of another Liability Convention country;
(b)
in relation to any relevant threat of contamination referred to in subsection (2)(b), any cost incurred in taking measures to prevent or minimise such damage in the territory of another Liability Convention country; or
(c)
any damage caused by any measures referred to in paragraph (a) or (b).
(4)
Part I of the Reciprocal Enforcement of Foreign Judgments Act
(Chapter 177) applies, whether or not it would so apply apart from this section, to any judgment given by a court in a Liability Convention country to enforce a claim in respect of liability incurred under any provision corresponding to section 3, and in its application to such a judgment that Part shall have effect with the omission of section 5(2) and (3) of that Act.
Restriction on enforcement of judgments given by court in country not party to Liability Convention 16.
Notwithstanding Part I of the Reciprocal Enforcement of Foreign
Judgments Act (Chapter 177) and any rule of law relating to the recognition and enforcement of foreign judgments, any judgment given by a court in a country which is not a Liability Convention country in respect of any liability for oil pollution incurred by the owner of a ship in that country may be recognised and enforced by the Court only up to the limit of liability prescribed by section 6.
Merchant Shipping
(Civil Liability and Compensation for Oil Pollution)