Section 206: Bar to other actions

206. Bar to other actions (1) Where a limitation fund has been constituted in accordance with section 204, a person having made a claim against the fund shall be barred from exercising any right in respect of the claim against any other assets of a person by or on behalf of whom the fund has been constituted. (2) Where a ship or other property is attached or arrested in connection with a claim which appeals to the Court to be founded on liability to which limitation is applicable under this Part, and in respect of which a limitation fund has been constituted or a guarantee has been deposited, the Court shall order the release of the ship or property where the limitation fund has been constituted in Mauritius or at— (a) the port where the occurrence took place, or, if it took place out of port, at the first port of call thereafter; (b) the port of disembarkation in respect of claims for loss of life or personal injury; or (c) the port of discharge in respect of damage to cargo, but where the release is ordered, the person on whose application it is ordered shall be deemed to have submitted to the jurisdiction of the Court to adjudicate on the claim for which the ship or property was attached or arrested. (3) This section shall apply only where the plaintiff brings a claim before the Court and the limitation fund is actually available and freely transferable in respect of that claim.