Merchant Shipping Act, 1951 (Act No. 57 of 1951)Chapter V : Safety of Ships and Life at SeaPart III : Safety of navigation247. Complainant to pay costs if not successful |
| (1) | If, on inspection, it is determined that any ship detained under the provisions of section 243 was not an unseaworthy ship, the expenses incurred in connection with the inspection shall be paid to the Authority by the person making the complaint, and if it be proved that there was not reasonable cause, by reason of the condition of the ship or the act or default of the owner or master, for the detention of the ship, the Authority shall pay to the owner compensation for any damage suffered by him by reason of the detention. |
[Section 247(1) substituted by section 2(2) of Act No. 5 of 1998]
| (2) | The provisions of this section in respect of payment of the cost of the inspection shall not have effect where the complaint is made by members of the crew of the ship complained of, unless, in the opinion of the Authority, such complaint was frivolous or vexatious. |