Seychelles Shipping Lines Ltd v Taurus International Ltd and another (ECJ 2004/013) [2003] ZAECHC 4 (20 February 2003)

Seychelles Shipping Lines Ltd v Taurus International Ltd and another (ECJ 2004/013) [2003] ZAECHC 4 (20 February 2003)

The applicant failed to establish a prima facie cause of action based on a written charter party agreement, as the document relied upon was not a final binding agreement and no further agreement was entered into. The applicant's inference of contractual rights from bank records was unsupported by evidence, and the respondents' version that payments were made as agent for Zebu Ltd was accepted as more probable. The applicant's locus standi was cured by a belated resolution, but this did not remedy the substantive deficiency in its cause of action. The costs order could not be attached as it did not have a separate existence from the applicant. Consequently, the attachment order was set...

Citation
[2003] ZAECHC 4
Parties
Applicant: Seychelles Shipping Lines Ltd; Respondent: Taurus International Ltd; Respondent: Claremont Farming CC
Court
High Courts - Eastern Cape
Jurisdiction
South Africa
Judgment Date
20 February 2003
Case Number
ECJ 2004/013
Procedural Posture
Civil Application / Return Day of Provisional Order to Found Jurisdiction
Outcome
Application dismissed. Attachment order set aside. Costs awarded against applicant, including wasted costs of postponement.
Judges
Sandi
Legal Topics
Attachment to Found Jurisdiction, Locus Standi, Prima Facie Cause of Action, Charter Party Agreement, Costs Order Attachment
Civil Procedure Commercial and Corporate Attachment to Found Jurisdiction Locus Standi Prima Facie Cause of Action Charter Party Agreement Costs Order Attachment

Case Brief

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Parties

Seychelles Shipping Lines Ltd

Applicant

Taurus International Ltd

Respondent

Claremont Farming CC

Respondent

Procedural Posture

Civil Application / Return Day of Provisional Order to Found Jurisdiction

Legal Issues

  1. 1 Whether the applicant established a prima facie cause of action entitling it to an attachment order to found jurisdiction.
  2. 2 Whether the applicant's deponent had locus standi to bring the application.
  3. 3 Whether the payments between first and second respondent created attachable rights.

Ratio Decidendi

The applicant failed to establish a prima facie cause of action based on a written charter party agreement, as the document relied upon was not a final binding agreement and no further agreement was entered into. The applicant's inference of contractual rights from bank records was unsupported by evidence, and the respondents' version that payments were made as agent for Zebu Ltd was accepted as more probable. The applicant's locus standi was cured by a belated resolution, but this did not remedy the substantive deficiency in its cause of action. The costs order could not be attached as it did not have a separate existence from the applicant. Consequently, the attachment order was set...

Court Disposition

Application dismissed. Attachment order set aside. Costs awarded against applicant, including wasted costs of postponement.

Orders

  • The point in limine is dismissed with costs.
  • The Rule is discharged and the attachment order set aside with costs, such costs to include the wasted costs of the postponement of 30 January 2003.