Oil Pollution of the Sea (Civil Liability and Compensation) Act, 1988

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PART V

Miscellaneous

Jurisdiction of Court.

30.—(1) Where an action for compensation for pollution damage against the owner of a ship or his guarantor has been brought before the Court, the Court shall have exclusive jurisdiction in any action for compensation or indemnity which may be commenced against the Fund in respect of the same damage.

(2) The Court shall have jurisdiction in any action commenced against the Fund in respect of pollution damage in the State in any case where an action has been brought against the owner of a ship or his guarantor in a country which is a party to the Liability Convention but is not a party to the Fund Convention.

(3) The Court may relieve the owner of a ship, his guarantor or the Fund wholly or partially from liability to a person for pollution damage if it is proved that the damage resulted wholly or partially from the negligence of that person or that the damage was contributed to by any act or omission of such person which was calculated to cause damage.