Marubeni Corporation and Others v Intergis Co. Limited (A122/2015) [2016] ZAKZDHC 41 (11 November 2016)

Marubeni Corporation and Others v Intergis Co. Limited (A122/2015) [2016] ZAKZDHC 41 (11 November 2016)

The court found that Intergis failed to establish a prima facie claim as required for the arrest of the MV IVS Crimson Creek. The evidence showed that all cargo was shipped under a single bill of lading, and any damage was limited to the cargo itself, amounting to inherent vice rather than dangerous goods. There was no factual basis to support the claim that the cargo was dangerous to other goods or the ship. The court also held that Intergis did not demonstrate a genuine and reasonable need for security, as Marubeni's financial position was sound and no reasonable apprehension was established. The application for postponement was refused due to lack of materiality and factual foundation....

Citation
[2016] ZAKZDHC 41
Parties
Applicant: Marubeni Corporation; Applicant: MMSL PTE LIMITED; Applicant: MV IVS CRIMSON CREEK; Respondent: Intergis Co. Limited
Court
Kwazulu-Natal High Court, Durban
Jurisdiction
South Africa
Judgment Date
11 November 2016
Case Number
A122/2015
Procedural Posture
Admiralty Application / Application to Set Aside Deemed Arrest of Vessel
Outcome
Application to set aside the arrest of the MV IVS Crimson Creek is granted. The arrest order is set aside and costs are awarded against Intergis Co. Limited.
Judges
Koen
Legal Topics
Associated Ship Arrest, Prima Facie Claim, Genuine Need for Security, Dangerous Goods, Inherent Vice, Costs Award
Admiralty and Maritime Associated Ship Arrest Prima Facie Claim Genuine Need for Security Dangerous Goods Inherent Vice Costs Award

Case Brief

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Parties

Marubeni Corporation

Applicant

MMSL PTE LIMITED

Applicant

MV IVS CRIMSON CREEK

Applicant

Intergis Co. Limited

Respondent

Procedural Posture

Admiralty Application / Application to Set Aside Deemed Arrest of Vessel

Legal Issues

  1. 1 Whether Intergis Co. Limited established a prima facie claim justifying the arrest of the MV IVS Crimson Creek as an associated ship.
  2. 2 Whether Intergis demonstrated a genuine and reasonable need for security under section 5(3) of the Admiralty Jurisdiction Regulation Act.
  3. 3 Whether the cargo damage arose from dangerous goods or inherent vice under English law.

Ratio Decidendi

The court found that Intergis failed to establish a prima facie claim as required for the arrest of the MV IVS Crimson Creek. The evidence showed that all cargo was shipped under a single bill of lading, and any damage was limited to the cargo itself, amounting to inherent vice rather than dangerous goods. There was no factual basis to support the claim that the cargo was dangerous to other goods or the ship. The court also held that Intergis did not demonstrate a genuine and reasonable need for security, as Marubeni's financial position was sound and no reasonable apprehension was established. The application for postponement was refused due to lack of materiality and factual foundation....

Court Disposition

Application to set aside the arrest of the MV IVS Crimson Creek is granted. The arrest order is set aside and costs are awarded against Intergis Co. Limited.

Orders

  • The order granted by this court on 30 December 2015 for the arrest of the MV IVS Crimson Creek under Case No. A122/2015 is set aside.
  • The letter of undertaking dated 6 January 2016 furnished to Intergis Co. Limited to secure the release of the MV IVS Crimson Creek must be returned to the Applicant’s attorneys forthwith.