Section 242

If it appears that there was not reasonable and probable cause, by reason of the condition of the ship or the act or default of the owner, for the provisional detention of a ship under this Part as an unsafe ship, the Government shall be liable to pay to the owner of the ship out of the Consolidated Fund his costs of and incidental to the detention and survey of the ship, and also compensation for any loss or damage sustained by him by reason of the detention or survey.

If a ship is finally detained under this Act, or if it appears that a ship provisionally detained was, at the time of the detention, an unsafe ship within the meaning of this Part, the owner of the ship shall be liable to pay to the Government its costs of and incidental to the detention and survey of the ship, and those costs shall, without prejudice to any other remedy, be recoverable as salvage is recover-able.

For the purpose of this section the costs of and incidental to any proceeding before a court of survey and a reasonable amount in respect of the remuneration of the surveyor, or officer of the Government, shall be part of the costs of the detention and survey of the ship; and any dispute as to the amount of those costs may be referred to the Registrar of the Supreme Court, who shall, on request by the Minister, ascertain and certify the proper amount of those costs.

An action for any costs or compensation payable by the Government under this section may be brought against the Director by his official title as if he were a corporation sole.[263