Admiralty Jurisdiction Act · s 5

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5.
Actions in personam
(1) This section applies to any claim for damage, loss of life or personal injury arising out of —
(a)  a collision between ships;

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(b) the carrying out of, or omission to carry out, a manoeuvre in the case of one or more of two or more ships; or
(c) non-compliance, on the part of one or more of two or more ships, with the collision regulations.
(2) The High Court shall not entertain any action in personam to enforce a claim to which this section applies unless —
(a) the defendant has his habitual residence or a place of business within Brunei Darussalam;
(b) the cause of action arose within inland waters of Brunei
Darussalam or within the limits of a port of Brunei Darussalam; or
(c) an action arising out of the same incident or series of incidents is a proceeding in the court or has been heard and determined in the court.
(3) The High Court shall not entertain any action in personam to enforce a claim to which this section applies until any proceedings previously brought by the plaintiff in any court outside Brunei Darussalam against the same defendant in respect of the same incident or series of incidents have been discontinued or otherwise come to an end.
(4) Subsections (2) and (3) apply to counterclaims (except counterclaims in proceedings arising out of the same incident or series of incidents) as they apply to actions, the references to the plaintiff and the defendant being for this purpose read as references to the plaintiff on the counterclaim and the defendant to the counterclaim respectively.
(5) Subsections (2) and (3) do not apply to any action or counterclaim if the defendant thereto submits or has agreed to submit to the jurisdiction of the court.
(6) Subject to the provisions of subsection (3), the High Court shall have jurisdiction to entertain an action in personam to enforce a claim to which this section applies whenever any of the conditions specified in subsection (2)(a) to (c) is satisfied, and the rules of court relating to the service of process outside the jurisdiction shall make such provision as may appear to the rule-making authority to be appropriate having regard to the provisions of this subsection.

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(7) Nothing in this section shall prevent an action which is brought in accordance with the provisions of this section in the High Court being transferred, in accordance with any written law in that behalf, to some other court.
(8) For the avoidance of doubt, it is hereby declared that this section applies in relation to the jurisdiction of the High Court not being Admiralty jurisdiction as well as in relation to its Admiralty jurisdiction.
(9) In this section —
“charges” means any charges with the exception of light dues, local light dues and any other charges in respect of lighthouses, buoys or beacons and of charges in respect of pilotage;
“inland waters” includes any part of the sea adjacent to the coast of
Brunei Darussalam certified by the Minister to be waters falling by international law to be treated as within the territorial sovereignty of His Majesty the Sultan and Yang Di-Pertuan apart from the operation of that law in relation to territorial waters;
“limits of a port” means the limits thereof as fixed by or under the law in question;
“port” means any port, harbour, river, estuary, haven, dock, canal or other place so long as a person or body of persons is empowered by or under any law to make charges in respect of ships entering it or using the facilities therein.

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s 5Actions in personam

(1)

This section applies to any claim for damage, loss of life or personal injury arising out of —

(a)

a collision between ships;

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(b)

the carrying out of, or omission to carry out, a manoeuvre in the case of one or more of two or more ships; or

(c)

non-compliance, on the part of one or more of two or more ships, with the collision regulations.

(2)

The High Court shall not entertain any action in personam to enforce a claim to which this section applies unless —

(a)

the defendant has his habitual residence or a place of business within Brunei Darussalam;

(b)

the cause of action arose within inland waters of Brunei

Darussalam or within the limits of a port of Brunei Darussalam; or

(c)

an action arising out of the same incident or series of incidents is a proceeding in the court or has been heard and determined in the court.

(3)

The High Court shall not entertain any action in personam to enforce a claim to which this section applies until any proceedings previously brought by the plaintiff in any court outside Brunei Darussalam against the same defendant in respect of the same incident or series of incidents have been discontinued or otherwise come to an end.

(4)

Subsections (2) and (3) apply to counterclaims (except counterclaims in proceedings arising out of the same incident or series of incidents) as they apply to actions, the references to the plaintiff and the defendant being for this purpose read as references to the plaintiff on the counterclaim and the defendant to the counterclaim respectively.

(5)

Subsections (2) and (3) do not apply to any action or counterclaim if the defendant thereto submits or has agreed to submit to the jurisdiction of the court.

(6)

Subject to the provisions of subsection (3), the High Court shall have jurisdiction to entertain an action in personam to enforce a claim to which this section applies whenever any of the conditions specified in subsection (2)(a) to (c) is satisfied, and the rules of court relating to the service of process outside the jurisdiction shall make such provision as may appear to the rule-making authority to be appropriate having regard to the provisions of this subsection.

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(7)

Nothing in this section shall prevent an action which is brought in accordance with the provisions of this section in the High Court being transferred, in accordance with any written law in that behalf, to some other court.

(8)

For the avoidance of doubt, it is hereby declared that this section applies in relation to the jurisdiction of the High Court not being Admiralty jurisdiction as well as in relation to its Admiralty jurisdiction.

(9)

In this section —

“charges” means any charges with the exception of light dues, local light dues and any other charges in respect of lighthouses, buoys or beacons and of charges in respect of pilotage;

“inland waters” includes any part of the sea adjacent to the coast of

Brunei Darussalam certified by the Minister to be waters falling by international law to be treated as within the territorial sovereignty of His Majesty the Sultan and Yang Di-Pertuan apart from the operation of that law in relation to territorial waters;

“limits of a port” means the limits thereof as fixed by or under the law in question;

“port” means any port, harbour, river, estuary, haven, dock, canal or other place so long as a person or body of persons is empowered by or under any law to make charges in respect of ships entering it or using the facilities therein.