TMT Bulk Co Ltd v Bukers Laden Abroad (AC 26/2009)
TMT Bulk Co Ltd v Bukers Laden Abroad (AC 26/2009) [2009] ZAWCHC 158; 2010 (3) SA 138 (WCC) (28 October 2009)
The court found that the charterparty between Transfeld and BG, specifically clauses 33(d) and 37, constituted a contract of sale of the bunkers on board the MV Vogerunner at delivery and redelivery. The essential elements of a sale were present: identification of the bunkers, a stipulated price, and an undertaking to deliver. The deletion of the standard clause 3 was not material to the construction of the contract, as per the principle in Koulis. The court rejected TMT's argument that the use of 'value' rather than 'price' negated the existence of a sale. Commercial sense supported BG's con…
Source excerpt
- Arrest Of Bunkers
- Ownership Of Bunkers
- Contract Of Sale
- Counter Security
- Charterparty Interpretation