Section 205: Distribution of fund
consolidated text (as at 2011, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
205. Distribution of fund
(1) Subject to sections 197, 198, 199 and 201, a limitation fund shall be
distributed among the claimants in proportion to their established claims
against the fund.
(2) The Court may proceed, as to the exclusion of any claimants who do
not come in within a certain time and as to payment of costs, in such manner as the Court thinks just.
(3) No lien or other right in respect of a 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 of
which the liability of owners is limited under this Part and all costs incurred
may be brought into account among part owners of the same ship in the
same manner as money disbursed for its use.
[Issue 2] M62 – 96
Revised Laws of Mauritius
(5) If, 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 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.