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Distribution of fund

Cap. 236, s. 91 · Revised Edition 2020

(1) Subject to sections 81, 82 and 87 of this Act, the fund shall be distributed among the claimants in proportion to their established claims against the fund. (2) The Court may proceed in such manner as to the exclusion of any claimants who do not make claims within a certain time and as to payment of costs, as the Court thinks just. 55 (3) No lien or other right in respect of any ship or property shall affect the proportions in which any amount is distributed among several claimants. (4) All sums paid for or on account of any loss or damage in respect whereof the liability of owners is limited under the provisions of this Part and all costs incurred in relation thereto may be brought into account among part owners of the same ship in the same manner as money disbursed for the use thereof. (5) Where, before the fund is distributed, the person liable, or his insurer, has settled the claim, such person shall, up to the amount he has paid, acquire by subrogation the rights which the person so compensated would have enjoyed under this Part. (6) In making any distribution in accordance with subsection (2) of 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, subrogated or otherwise, that may be established later.
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