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New South Wales act
This Act stops wrongful arrests issued from the Vice‑Admiralty Court of New South Wales by making the complainant and that complainant's proctor pay the taxed costs if the Court lacked jurisdiction (s3). If those costs are not paid, the Supreme Court may issue an attachment against them (s4), and the master or any injured person may sue for damages caused by the arrest (s5). The Act also repeals the remaining parts of an earlier 11 Vic No 46 Act (Schedule).
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Direct links to the current provisions in Vice-Admiralty Vexatious Arrests Act 1901.
2 Repeal
The Act mentioned in the Schedule to this Act is, to the extent therein expressed, hereby repealed.
3 Liability for costs where vessel or master arrested without jurisdiction
If any ship or vessel, or the master or commander thereof, is arrested by any process issuing out of the Vice-Admiralty Court of New South Wales for any matter or thing not within the jurisdiction of the said Court, the complainant or promovent in any such proceedings, and the proctor of such complainant or promovent, shall be liable to pay the costs of all such proceedings, both in the said Court and in the Supreme Court, in case a writ of prohibition is granted, to be taxed as between attorney and client.
4 Attachment on non-payment of costs
In default of payment of such costs, a writ of attachment may be issued out of the Supreme Court against the party at whose suit such ship or vessel, or master or commander, has been arrested, and the proctor of such party.
5 Damages recoverable by person injured by such arrest
The master or commander of every such ship or vessel so arrested in any such proceeding, or any other person who may directly or indirectly be injured, or sustain any damage, through or by means of any such ship or vessel, or master or commander, being arrested in any such proceeding, may, in an action on the case in any Court of competent jurisdiction, sue for and recover of and from the party causing such ship or vessel, or master or commander, to be arrested as aforesaid, or the proctor of such party in such proceeding, all such damages as he or she may have sustained or have been put to by such arrest.
Schedule
| Reference to Act | Title | Extent of repeal | | 11 Vic No 46 | An Act to prevent frivolous and vexatious arrests of ships and vessels, or the masters or commanders thereof, by process issuing out of the Vice-Admiralty Court of New South Wales. | The unrepealed portion. |
Sourced from legislation.nsw.gov.au, CC BY 4.0.
1 Name of Act
This Act may be cited as the Vice-Admiralty Vexatious Arrests Act 1901.
2 Repeal
The Act mentioned in the Schedule to this Act is, to the extent therein expressed, hereby repealed.
3 Liability for costs where vessel or master arrested without jurisdiction
If any ship or vessel, or the master or commander thereof, is arrested by any process issuing out of the Vice-Admiralty Court of New South Wales for any matter or thing not within the jurisdiction of the said Court, the complainant or promovent in any such proceedings, and the proctor of such complainant or promovent, shall be liable to pay the costs of all such proceedings, both in the said Court and in the Supreme Court, in case a writ of prohibition is granted, to be taxed as between attorney and client.
4 Attachment on non-payment of costs
In default of payment of such costs, a writ of attachment may be issued out of the Supreme Court against the party at whose suit such ship or vessel, or master or commander, has been arrested, and the proctor of such party.
5 Damages recoverable by person injured by such arrest
The master or commander of every such ship or vessel so arrested in any such proceeding, or any other person who may directly or indirectly be injured, or sustain any damage, through or by means of any such ship or vessel, or master or commander, being arrested in any such proceeding, may, in an action on the case in any Court of competent jurisdiction, sue for and recover of and from the party causing such ship or vessel, or master or commander, to be arrested as aforesaid, or the proctor of such party in such proceeding, all such damages as he or she may have sustained or have been put to by such arrest.
Schedule
| Reference to Act | Title | Extent of repeal | | 11 Vic No 46 | An Act to prevent frivolous and vexatious arrests of ships and vessels, or the masters or commanders thereof, by process issuing out of the Vice-Admiralty Court of New South Wales. | The unrepealed portion. |