Commonwealth Consolidated Acts

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ADMIRALTY ACT 1988 - SECT 34

Damages for unjustified arrest etc.

             (1)  Where, in relation to a proceeding commenced under this Act:

                     (a)  a party unreasonably and without good cause:

                              (i)  demands excessive security in relation to the proceeding; or

                             (ii)  obtains the arrest of a ship or other property under this Act; or

                     (b)  a party or other person unreasonably and without good cause fails to give a consent required under this Act for the release from arrest of a ship or other property;

the party or person is liable in damages to a party to the proceeding, or to a person who has an interest in the ship or property, being a party or person who has suffered loss or damage as a direct result.

             (2)  The jurisdiction of a court in which a proceeding was commenced under this Act extends to determining a claim arising under subsection (1) in relation to the proceeding.



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