Section 28
Jurisdiction and effect of 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 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 shall, after it has become final and enforceable, become 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 Brunei Darussalam, subsection (2) shall, for the purpose of proceedings under this Part, apply, with the necessary modifications, to a judgment in proceedings under that law of that country.
(4)
Subject to subsection (5), 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
Fund Convention country to enforce a claim in respect of liability incurred under any provision corresponding to section 26, 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.
(5)
No steps shall be taken to enforce such a judgment unless and until the court in which it is registered under Part I of the
Reciprocal Enforcement of Foreign Judgments Act (Chapter 177) gives leave to enforce it, and —
(a)
that leave shall not be given unless and until the Fund notifies the court either that the amount of the claim is not to be reduced under section 27(1) or that it is to be reduced to a specified amount; and
(b)
in the latter case, the judgment shall be enforceable only for the reduced amount.
Merchant Shipping
(Civil Liability and Compensation for Oil Pollution)