Carriage by Air Act 1974 · Updated to 1 Jun 2015
6. Limitations of liability
Official textFrom Laws of Malaysia Online, unchanged
It is hereby declared that the limitations on liability in Article 22 of the Convention, Article 22 of the Amended Convention and
Convention
“Convention” means the Convention for the unification of certain rules relating to international carriage by air known as “the Warsaw Convention as amended at The Hague 1955” as set out in the First Schedule;
Articles 21, 22 and 44 of the Montreal Convention apply whatever the nature of the proceedings by which liability may be enforced and that, in particular—
Montreal Convention
“Montreal Convention” means the Convention, signed at Montreal on the 28 May 1999, for the unification of certain rules relating to international carriage by air, as set out in the Sixth Schedule;
those limitations apply where proceedings are brought by a tortfeasor to obtain a contribution from another torfeasor; and
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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
court
“court” includes (in an arbitration allowed by the Convention) an arbitrator;
of the Amended Convention or Articles 21, 22 and 44 of the
Amended Convention
“Amended Convention” means the Convention as further amended by the Montreal Protocol…
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
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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.
Supplementary Convention
“Supplementary Convention” means the Convention, supplementary to the Warsaw Convention, signed at Guadalajara on the 18 September 1961, for the unification of certain rules relating to Carriage by Air 7 international carriage by air performed by a person other than the contracting carrier, as set out in the Second Schedule. Convention to have force of law
Terms defined in s 2
Amended Convention
Defined · s 2“Amended Convention” means the Convention as further amended by the Montreal Protocol…
Convention
Defined · s 2“Convention” means the Convention for the unification of certain rules relating to international carriage by air known as “the Warsaw Convention as amended at The Hague 1955” as set out in the First Schedule;
court
Defined · s 2“court” includes (in an arbitration allowed by the Convention) an arbitrator;
Montreal Convention
Defined · s 2“Montreal Convention” means the Convention, signed at Montreal on the 28 May 1999, for the unification of certain rules relating to international carriage by air, as set out in the Sixth Schedule;
Supplementary Convention
Defined · s 2“Supplementary Convention” means the Convention, supplementary to the Warsaw Convention, signed at Guadalajara on the 18 September 1961, for the unification of certain rules relating to Carriage by Air 7 international carriage by air performed by a person other than the contracting carrier, as set out in the Second Schedule. Convention to have force of law