34Damages for unjustified arrest etc.

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.