Document ID: chunk:federal_register_of_legislation:C2022C00080:section:34
Version: federal_register_of_legislation:C2022C00080
Segment Type: section
Provision Reference: s 34
Character Range: 37291–38138

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.