Cameron-Dow v MFV Juliette and Others (AC 70/2010, AC 85/2010) [2010] ZAWCHC 582 (29 November 2010)

Cameron-Dow v MFV Juliette and Others (AC 70/2010, AC 85/2010) [2010] ZAWCHC 582 (29 November 2010)

The court found that the order issued on 18 November 2010 mistakenly incorporated a rule nisi when a final order was intended. Recognizing this patent error, the court exercised its inherent power to correct the order so that it accurately reflects the judgment's intention. The corrected order marked 'X' is to replace the previous order, and annexures 'A' and 'B' remain part of the operative order.

Citation
[2010] ZAWCHC 582
Parties
Applicant: Michael Christopher Cameron-Dow; Respondent: The MFV 'Juliette'; Respondent: C-Craft CC; Respondent: Raymond Cooper; Respondent: Pierre Jan Laubscher; Respondent: Basic Blue Trading 232 CC; Applicant: Pierre Jan Laubscher; Applicant: Wicked Lady Fishing; Applicant: Basic Blue Trading 232 CC; Respondent: Michael Christopher Cameron Dow
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
29 November 2010
Case Number
AC 70/2010, AC 85/2010
Procedural Posture
Admiralty and Maritime Application / Correction of Order Post Judgment
Outcome
The order issued on 18 November 2010 is corrected to reflect a final order, replacing the previous order marked 'X'.
Judges
R B Cleaver
Legal Topics
Final Order Correction, Rule Nisi, Admiralty Procedure
Admiralty and Maritime Final Order Correction Rule Nisi Admiralty Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Michael Christopher Cameron-Dow

Applicant

The MFV 'Juliette'

Respondent

C-Craft CC

Respondent

Raymond Cooper

Respondent

Pierre Jan Laubscher

Respondent

Basic Blue Trading 232 CC

Respondent

Pierre Jan Laubscher

Applicant

Wicked Lady Fishing

Applicant

Basic Blue Trading 232 CC

Applicant

Michael Christopher Cameron Dow

Respondent

Procedural Posture

Admiralty and Maritime Application / Correction of Order Post Judgment

Legal Issues

  1. 1 Whether the order issued on 18 November 2010 should have been a final order rather than a rule nisi.
  2. 2 Whether the error in the form of the order requires correction by the court.

Ratio Decidendi

The court found that the order issued on 18 November 2010 mistakenly incorporated a rule nisi when a final order was intended. Recognizing this patent error, the court exercised its inherent power to correct the order so that it accurately reflects the judgment's intention. The corrected order marked 'X' is to replace the previous order, and annexures 'A' and 'B' remain part of the operative order.

Court Disposition

The order issued on 18 November 2010 is corrected to reflect a final order, replacing the previous order marked 'X'.

Orders

  • The order marked 'X' annexed hereto replaces the order marked 'X' annexed to the judgment of 18 November 2010.
  • Annexures 'A' and 'B' to the previous order continue to form part of the order.