Document ID: chunk:federal_register_of_legislation:C2008A00079:clause:1_9d:p2
Version: federal_register_of_legislation:C2008A00079
Segment Type: clause
Provision Reference: sch 1 cl 9D (pt 2/2)
Character Range: 9905–10778

the proportions the court (or, where the action is tried with a jury, the jury) directs.

Orders

 (10) The court may, at any stage of the proceedings, make any order that appears to the court to be just and equitable having regard to:
 (a) the provisions of the Convention limiting the liability of the carrier; and
 (b) any proceedings which have been, or are likely to be, commenced against the carrier, whether in or outside Australia.

Costs

 (11) The second sentence of paragraph 6 of Article 22 of the 1999 Montreal Convention is taken not to apply to an action to which this section applies that is wholly or partly for the benefit of a person or people other than the plaintiff. However, the court may, in such an action, deal with any question of costs in any manner it thinks proper having regard to the operation of the sentence in cases to which it applies.