Section 6

those limitations apply where proceedings are brought by a tortfeasor to obtain a contribution from another torfeasor; and

Carriage by Air 9

the limitation for each passenger in paragraph (1) of

Article 22 of the Convention, paragraph (1) of Article 22

of the Amended Convention and Article 21 and paragraph 1 of Article 22 of the Montreal Convention applies to the aggregate liability of the carrier in all proceedings which may be brought against the carrier under the appropriate law in force in the relevant part of

Malaysia, together with any proceedings brought against the carrier outside Malaysia.

A court before which proceedings are brought to enforce a liability which is limited by Article 22 of the Convention, Article 22

of the Amended Convention or Articles 21, 22 and 44 of the

Montreal Convention 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 Malaysia or elsewhere to enforce the liability in whole or in part.

Without prejudice to subsection (2), a court before which proceedings are brought to enforce a liability which is limited by

Article 22 of the Convention, Article 22 of the Amended Convention or Articles 21, 22 and 44 of the Montreal Convention shall, where the liability is, or may be, partly enforceable in other proceedings in

Malaysia 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.

The Minister may, from time to time, by order published in the Gazette specify the respective amounts which for the purposes of

Article 22 of the Convention, and, in particular of paragraph (5) of that Article, are to be taken as equivalent to the sums expressed in francs which are mentioned in that Article.

References in this section to Article 22 of the Convention or the Amended Convention include, subject to any necessary

10 Laws of Malaysia ACT 148

modifications, references to that Article as applied by Article 25A of the Convention or the Amended Convention.

In paragraphs (1)(a) and (b) and in subsections (2) and (3)

references to Article 22 of the Convention or the Amended

Convention shall include, subject to any necessary modifications, references to Article VI of the Supplementary Convention.

Time for bringing proceedings