Saga Welco AS v MV "Guo Shun" (A79/2017) [2017] ZAKZDHC 43 (16 November 2017)

Saga Welco AS v MV "Guo Shun" (A79/2017) [2017] ZAKZDHC 43 (16 November 2017)

The applicant failed to establish on a balance of probabilities that Mr Wang controlled both CPMI (the deemed owner of the MV "Oshimana" at the time the claim arose) and the owner of the MV "Guo Shun" at the time of arrest. The evidence relied upon by the applicant, including hearsay from the Sino West case and information from the ICIJ database, was historical, circumstantial, and lacked sufficient probative value. There was no direct evidence of Mr Wang's involvement in the relevant companies at the material times, nor any established link between him and the controlling shareholders. The cumulative effect of the evidence amounted to speculation rather than proof. The applicant's...

Citation
[2017] ZAKZDHC 43
Parties
Applicant: Saga Welco AS; Respondent: MV "Guo Shun"
Court
Kwazulu-Natal High Court, Durban
Jurisdiction
South Africa
Judgment Date
16 November 2017
Case Number
A79/2017
Procedural Posture
Urgent Application / Reconsideration of Ex Parte Arrest Order
Outcome
Application for authority to arrest the MV "Guo Shun" dismissed; prior arrest order deleted; applicant directed to pay costs.
Judges
Olsen
Legal Topics
Associated Ship Arrest, Admiralty Jurisdiction Regulation Act, Burden of Proof, Hearsay Evidence, Control of Company
Admiralty and Maritime Civil Procedure Associated Ship Arrest Admiralty Jurisdiction Regulation Act Burden of Proof Hearsay Evidence Control of Company

Case Brief

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Parties

Saga Welco AS

Applicant

MV "Guo Shun"

Respondent

Procedural Posture

Urgent Application / Reconsideration of Ex Parte Arrest Order

Legal Issues

  1. 1 Whether the applicant established on a balance of probabilities that the MV "Guo Shun" is an associated ship as contemplated by the Admiralty Jurisdiction Regulation Act.
  2. 2 Whether Mr Wang controlled both CPMI (the deemed owner of the MV "Oshimana") and the owner of the MV "Guo Shun" at the relevant times.
  3. 3 Whether the applicant's evidence, including hearsay and information from the ICIJ database, is sufficient to prove the requisite association for arrest.

Ratio Decidendi

The applicant failed to establish on a balance of probabilities that Mr Wang controlled both CPMI (the deemed owner of the MV "Oshimana" at the time the claim arose) and the owner of the MV "Guo Shun" at the time of arrest. The evidence relied upon by the applicant, including hearsay from the Sino West case and information from the ICIJ database, was historical, circumstantial, and lacked sufficient probative value. There was no direct evidence of Mr Wang's involvement in the relevant companies at the material times, nor any established link between him and the controlling shareholders. The cumulative effect of the evidence amounted to speculation rather than proof. The applicant's...

Court Disposition

Application for authority to arrest the MV "Guo Shun" dismissed; prior arrest order deleted; applicant directed to pay costs.

Orders

  • The order granted on 30 October 2017 for the arrest of the MV "Guo Shun" is deleted.
  • The application for authority to arrest the MV "Guo Shun" is dismissed.