Steenkamp N.O and Others v Mirage Catamaran (Pty) Limited and Others (12354/2020; AC28/2017) [2021] ZAWCHC 4 (20 January 2021)

Steenkamp N.O and Others v Mirage Catamaran (Pty) Limited and Others (12354/2020; AC28/2017) [2021] ZAWCHC 4 (20 January 2021)

The court found that the arbitrator's award established a contract in which ownership of the yacht would remain vested in Matrix until full payment of construction costs, whereupon ownership would pass to the second respondent. The court interpreted the term 'whereupon' as indicating automatic transfer upon fulfilment of the condition. The Info Plus case was applied, confirming that conditional delivery suffices for transfer of ownership, and that actual possession at the time of fulfilment is not required. The applicants failed to prove that the construction costs had not been paid prior to liquidation, and thus failed to establish Matrix's ownership or justify discharge of the interim...

Citation
[2021] ZAWCHC 4
Parties
Applicant: Jurgens Johannes Steenkamp N.O.; Applicant: Gary Donovan Wallace N.O.; Applicant: Louise Groenewald N.O.; Applicant: Siyabonga Samuel Mohlomi N.O.; Respondent: Mirage Catamaran (Pty) Limited; Respondent: Mark Wehrley; Respondent: The Master
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
20 January 2021
Case Number
12354/2020; AC28/2017
Procedural Posture
Urgent Application / Judgment After Hearing on Semi Urgent Roll
Outcome
Both the application and the counter application are dismissed with costs.
Judges
Bozalek
Legal Topics
Ownership Transfer, Conditional Delivery, Liquidation Proceedings, Spoliation, Arbitration Award
Admiralty and Maritime Land and Property Ownership Transfer Conditional Delivery Liquidation Proceedings Spoliation Arbitration Award

Case Brief

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Parties

Jurgens Johannes Steenkamp N.O.

Applicant

Gary Donovan Wallace N.O.

Applicant

Louise Groenewald N.O.

Applicant

Siyabonga Samuel Mohlomi N.O.

Applicant

Mirage Catamaran (Pty) Limited

Respondent

Mark Wehrley

Respondent

The Master

Respondent

Procedural Posture

Urgent Application / Judgment After Hearing on Semi Urgent Roll

Legal Issues

  1. 1 Whether Matrix Yachts (Pty) Ltd is the owner of the yacht SY 'Mirage'.
  2. 2 Whether the interim interdict restraining the sale or disposal of the yacht should be discharged.
  3. 3 Whether ownership of the yacht passed automatically to the second respondent upon payment of construction costs.

Ratio Decidendi

The court found that the arbitrator's award established a contract in which ownership of the yacht would remain vested in Matrix until full payment of construction costs, whereupon ownership would pass to the second respondent. The court interpreted the term 'whereupon' as indicating automatic transfer upon fulfilment of the condition. The Info Plus case was applied, confirming that conditional delivery suffices for transfer of ownership, and that actual possession at the time of fulfilment is not required. The applicants failed to prove that the construction costs had not been paid prior to liquidation, and thus failed to establish Matrix's ownership or justify discharge of the interim...

Court Disposition

Both the application and the counter application are dismissed with costs.

Orders

  • Both the application and the counter application are dismissed with costs.