Malaysia legislation
Section 46
Section 46
⎯(1)
Where any liability is alleged to have been incurred by a Port Authority in respect of any occurrence in respect of which its liability is limited under section 45, and several claims are made or apprehended in respect of that liability, then the Port Authority may apply to the High Court, and that Court may determine the amount of the Port Authority’s liability, and may distribute that amount rateably among the several claimants, and may stay any proceedings pending in any other court in relation to the same matter, and may proceed in such manner and subject to such directions as to making persons interested parties to the proceedings, and as to the exclusion of any claimants who do not come in within a certain time, and as to requiring security from the Port Authority, and as to payment of any costs as the Court thinks just.
(2)
In making any distribution under this section, the Court may, if it thinks fit, postpone the distribution of such part of the amount to be distributed as it deems appropriate having regard to any claims that may later be established before a court in any country outside Sarawak.
(3)
No lien or other right in respect of any ship or property shall affect the proportions in which, under this section, any amount is distributed among several claimants.
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Savings