Owner of the MT Tigr and Another v Transnet Ltd. t/a Portnet (214/97) [1998] ZASCA 40; [1998] 3 All SA 453 (A) (27 May 1998)

Owner of the MT Tigr and Another v Transnet Ltd. t/a Portnet (214/97) [1998] ZASCA 40; [1998] 3 All SA 453 (A) (27 May 1998)

The Supreme Court of Appeal held that a defendant who denies liability but seeks to attach the property of a peregrinus for the purpose of joining them as a third party need not produce sworn evidence against itself to establish its own liability to the plaintiff. It is sufficient for the defendant to rely on the allegations contained in the plaintiff's particulars of claim unless those claims are excipiable or clearly without substance. The court further found that the value of the attached property must be determined at the time of attachment, and subsequent exhaustion of value does not affect the court's jurisdiction. The English anti-suit injunction did not deprive the South African...

Citation
[1998] ZASCA 40
Parties
Appellant: Owner of the MT Tigr; Appellant: Ultisol Transport Contractors Limited; Respondent: Transnet Limited t/a Portnet; Respondent: Bouygues Offshore SA; Respondent: The Hull and Machinery Underwriters of the 'BOS 400'
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
27 May 1998
Case Number
214/97
Procedural Posture
Civil Appeal / Appeal From Cape Provincial Division Confirming Attachment and Joinder Orders
Outcome
Appeal dismissed with costs, including costs of two counsel.
Judges
Hefer, Nienaber, Marais, Schutz, Scott
Legal Topics
Attachment to Confirm Jurisdiction, Joinder of Peregrinus, Admiralty Jurisdiction Regulation Act, Apportionment of Damages Act, Prima Facie Cause of Action
Admiralty and Maritime Civil Procedure Attachment to Confirm Jurisdiction Joinder of Peregrinus Admiralty Jurisdiction Regulation Act Apportionment of Damages Act Prima Facie Cause of Action

Case Brief

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Parties

Owner of the MT Tigr

Appellant

Ultisol Transport Contractors Limited

Appellant

Transnet Limited t/a Portnet

Respondent

Bouygues Offshore SA

Respondent

The Hull and Machinery Underwriters of the 'BOS 400'

Respondent

Procedural Posture

Civil Appeal / Appeal From Cape Provincial Division Confirming Attachment and Joinder Orders

Legal Issues

  1. 1 Whether a defendant may obtain an attachment order to join peregrini as third parties in admiralty proceedings.
  2. 2 Whether the requirements for attachment, including a prima facie cause of action and value of the attached property, were satisfied.
  3. 3 Whether a South African court's jurisdiction is affected by an English anti-suit injunction.

Ratio Decidendi

The Supreme Court of Appeal held that a defendant who denies liability but seeks to attach the property of a peregrinus for the purpose of joining them as a third party need not produce sworn evidence against itself to establish its own liability to the plaintiff. It is sufficient for the defendant to rely on the allegations contained in the plaintiff's particulars of claim unless those claims are excipiable or clearly without substance. The court further found that the value of the attached property must be determined at the time of attachment, and subsequent exhaustion of value does not affect the court's jurisdiction. The English anti-suit injunction did not deprive the South African...

Court Disposition

Appeal dismissed with costs, including costs of two counsel.

Orders

  • The appeals of Caspian and Ultisol are dismissed with costs, including the costs of two counsel.
  • It is recorded that the intervening parties have abandoned the costs order made in their favour by the court a quo.