Malaysia legislation
Section 7
Section 7
(a)
under section 3, he may apply to the Court for the limitation of that liability to an amount determined in accordance with section 6; or
(b)
under section 3A, he may apply to the Court for the limitation of that liability to an amount determined in accordance with section 6A.
(2)
If on such an application the Court finds that the applicant has incurred such a liability and is entitled to limit it, the Court shall, after determining the limit of that liability and directing payment, or
Merchant Shipping (Liability and 17
Compensation for Oil and Bunker Oil Pollution)
deposit of a bank guarantee or security into Court of the amount of that limit—
(a)
determine the amounts that would, apart from the limit, be due in respect of the liability to the persons making claims in the proceedings; and
(b)
direct the distribution of the amount paid into Court (or, as the case may be, so much of it as does not exceed the liability) among the persons in proportion to their established claims, subject to subsections (3), (4), (5) and (6).
(3)
No claim shall be admitted in proceedings under this section unless it is made within such time as the Court may direct or such further time as the Court may allow but such time shall not be less than six months from the date the pollution damage occurred.
(4)
Where any sum has been paid in or towards satisfaction of any claim in respect of the pollution damage to which the liability extends—
(a)
by the owner of a ship or any of his servants or agents or the person referred to in section 13 as “the insurer”; or
(b)
by any other person, the person who paid the sum shall, to the extent of that sum, be in the same position with respect to any distribution made in proceedings under this section as the person to whom it was paid would have been.
(5)
Where the owner of a ship has voluntarily made any reasonable sacrifices or incurred any reasonable expenses to prevent or minimize pollution damage to which the liability extends or might have extended, he shall be in the same position with respect to any distribution made in proceedings under this section as if he had a claim in respect of the liability equal to the cost of the sacrifices or expenses.
18 Laws of Malaysia ACT 515
(6)
The Court may, on application by the owner of a ship or any other person who establishes that he may be compelled to pay at a later date, in whole or in part, any amount of compensation, with regard to which he would have enjoyed a right of subrogation under subsection (4) had the compensation been paid before the amount paid into the Court was distributed, order that a sufficient sum be set aside to enable such person to make a claim at a later date.
Restriction on enforcement of claims after establishment of limitation fund