South Africa Case Law

Central Bridge Trading 333 CC v Extreme Motion Marketing CC; In re: Extreme Motion Marketing CC v Central Bridge Trading 333 CC (A18075/16)

Central Bridge Trading 333 CC v Extreme Motion Marketing CC; In re: Extreme Motion Marketing CC v Central Bridge Trading 333 CC (A18075/16) [2017] ZAGPJHC 334 (17 June 2017)

Court

South Gauteng High Court, Johannesburg

Case number

A18075/16

Judge

P.A. Meyer

The High Court set aside the arrest of chrome concentrate, holding that goods become cargo under Admiralty law only once brought onto the vessel.

• Admiralty Jurisdiction Regulation Act
• Arrest In Rem
• Definition Of Cargo
• Maritime Claim
• Urgent Application
• Admiralty-law

Motor Vessel "Asturcon" and Others v Afriline Denizcilik Veg Emi Kiralama Ltd and Another (AC11/2015)

Motor Vessel "Asturcon" and Others v Afriline Denizcilik Veg Emi Kiralama Ltd and Another (AC11/2015) [2015] ZAWCHC 160 (2 September 2015)

Court

Western Cape High Court, Cape Town

Case number

AC11/2015

Judge

Van Rooyen, AJ

The court held that the order setting aside the arrest of the vessel is a negative order, not susceptible to execution, and therefore not suspended by the pending appeal under section 18(1) of the Superior Courts Act and Uniform Rule 49(11). The LOU was furnished solely to secure the release of the vessel and to create a deemed arrest; its rationale falls away once the arrest is set aside. The maintenance costs of the LOU justify the urgency of the application. The court found Afriline's opposition not unreasonable enough to warrant attorney-and-client costs but ordered the return of the LOU…

Source excerpt

• Arrest In Rem
• Setting Aside Ex Parte Orders
• Suspension Pending Appeal
• Letter Of Undertaking
• Security For Costs

Taxfield Shipping Limited v Cargo Currently Laden on Board the MV New Market and Others (AC29/06)

Taxfield Shipping Limited v Cargo Currently Laden on Board the MV New Market and Others (AC29/06) [2006] ZAWCHC 16; 2006 (5) SA 114 (13 April 2006)

Court

Western Cape High Court, Cape Town

Case number

AC29/06

Judge

B M Griesel

The court set aside the arrest of cargo on the MV New Market, holding that the shipowner had a contractual possessory lien under the charterparty.

• Possessory Lien
• Incorporation Of Charterparty Terms
• Arrest In Rem
• Admiralty Jurisdiction
• Impossibility Of Performance
• Admiralty-law