Loss or destruction of or damage to transhipment goods deposited with the authority
s 19E
In respect of any transhipment goods delivered by any person to, or placed by any person in the custody of, the authority, the authority shall, from time of acknowledgement of the receipt of such goods and until delivery of such goods alongside the on-carrying vessel for loading, be liable, subject to section 19D , for the loss or destruction of, or damage to, such goods: Provided that the authority shall not be liable for any such loss, destruction or damage in a sum of more than one thousand ringgit per package or unit unless the nature and value of the goods contained therein have, prior to delivery to the authority, been declared in writing to the authority by the person delivering or causing the same to be delivered, and the authority shall not in any event be liable therefor where the value of any such goods has been misstated. Force Majeure, etc. 19F . Paragraph 19D (2)(b) and section 19E shall not impose on the authority or any person duly authorized by it any liability for the loss or destruction of, or damage to, any goods arising from— (a) fire or flood, unless caused by the actual fault or privity of the authority; (b) an act of God; (c) an act of war or of public enemies; (d) seizure under any legal process; (e) quarantine restrictions; (f) any act, omission or default of the owner or carrier of such goods; (g) strikes, lockouts or stoppages or restraints of labour from whatever cause, whether partial or general; (h) riots and civil commotion; (i) saving or attempting to save life or property; (j) insufficient or improper packing, defective or insufficient marks or leakage from defective drums, containers or packages; (k) any inherent wastage in bulk or weight, latent or inherent defect or natural deterioration; (l) any deficiency in the contents of unbroken packages; or (m) the dangerous nature of such goods. Limitation of liability in respect of one occasion 19G . The limitation of liability under this Part shall relate to the whole of any losses and damages which may arise upon any one distinct occasion, although such losses or damages may be sustained by more than one person, and shall apply whether the liability arises at common law or under any written law and notwithstanding anything contained in such written law. Power of High Court to consolidate claims 19 H. Where any liability is alleged to have been incurred by the authority in respect of loss of life, personal injury or loss of or damage to vessels, trains, vehicles, animals, goods or other things whatsoever, and several claims are made or apprehended in respect of that liability, then the authority may apply to the High Court, and that Court may determine the amount of the authority’s liability and may distribute that amount rateably among the several claimants, and may stay any proceeding in any other court in relation to the same matter, and may proceed in such manner and subject to such regulations as to making persons interested parties to the proceedings, and as to the exclusion of any claimants who do not come in within a certain time, and as to requiring security from the authority and as to payment of any costs as the court thinks just.