South Africa Case Law

Grand Spartounta Incorporated and Others v TMT Bulk Corporation (A66/11)

Grand Spartounta Incorporated and Others v TMT Bulk Corporation (A66/11) [2012] ZAKZDHC 75 (13 November 2012)

Court

Kwazulu-Natal High Court, Durban

Case number

A66/11

Judge

J.C. King

The court found that the Respondent failed to disclose material information in its ex parte arrest application, particularly regarding the true state of claims and counterclaims between the parties. The Respondent's own documents showed that it owed substantial amounts to the Applicants, which was not properly disclosed in the founding affidavit. The court held that it is not sufficient for material facts to be buried in annexures; they must be clearly drawn to the court's attention. The Respondent did not establish a genuine and reasonable need for security, as the risk of non-payment was no…

Source excerpt

• Arrest Of Ship
• Security For Claims
• Material Non Disclosure
• Urgent Application
• Prima Facie Case

Brobulk Ltd v Gregos Shipping Ltd and Others (A71/2009)

Brobulk Ltd v Gregos Shipping Ltd and Others (A71/2009) [2010] ZAKZDHC 2 (28 January 2010)

Court

Kwazulu-Natal High Court, Durban

Case number

A71/2009

Judge

Swain

The court refused to set aside the arrest of the vessel mv Gregos, finding the applicant had made out a prima facie claim and that the enforceability issue was not decisive here.

• Arrest Of Ship
• Security For Claim
• Associated Ship
• Application Of English Law
• Inter Club Agreement
• Prima Facie Claim

Seagull Chartering and Operating Limited v MV Asean Sea 01 and Another (A32/2006)

Seagull Chartering and Operating Limited v MV Asean Sea 01 and Another (A32/2006) [2007] ZAKZHC 3 (9 March 2007)

Court

High Courts - Kwazulu Natal

Case number

A32/2006

Judge

Levinsohn

The court confirmed the arrest of the vessel as security for an arbitration claim, finding the applicant had shown a prima facie cause of action despite disputed agency authority.

• Arrest Of Ship
• Prima Facie Case
• Agency Authority
• Charterparty Repudiation
• Admiralty-law
• Ship-arrest

United Enterprises Corporation and Another v STX Pan Ocean Company Limited (AC131/2006 , AC111/2006)

United Enterprises Corporation and Another v STX Pan Ocean Company Limited (AC131/2006 , AC111/2006) [2007] ZAWCHC 12; 2008 (1) SA 665 (C); [2007] 3 All SA 87 (C) (1 March 2007)

Court

Western Cape High Court, Cape Town

Case number

AC131/2006 , AC111/2006

Judge

R B Cleaver

The High Court refused to set aside the arrest of MV Wisdom C and refused counter-security, holding that the Italian order was not res judicata and that no material non-disclosure was proved.

• Arrest Of Ship
• Counter Security
• Prima Facie Case
• Res Judicata
• Uberrima Fides
• Charterparty Dispute

Sheriff of Cape Town v Mt Argun, her owners and all persons interested in her and Others (166/2000)

Sheriff of Cape Town v Mt Argun, her owners and all persons interested in her and Others (166/2000) [2001] ZASCA 81; [2001] 4 All SA 302 (A); 2001 (3) SA 1230 (SCA) (1 June 2001)

Court

Supreme Court of Appeal

Case number

166/2000

Judges

Smalberger, Scott, Streicher, Navsa, Mthiyane

The Supreme Court of Appeal held that the sheriff is entitled to reimbursement for reasonable expenses incurred in preserving an arrested vessel from the arresting parties, regardless of whether English admiralty law or Roman-Dutch law is applied. The arresting parties are jointly and severally liable for such expenses during the period the vessel was under arrest at their instance. The continued arrest is conditional upon reimbursement within ten days of demand. The sheriff is not entitled to recover preservation expenses from the owners pendente lite, nor to an order for sale of the vessel…

Source excerpt

• Preservation Expenses
• Joint And Several Liability
• Arrest Of Ship
• Admiralty Jurisdiction Regulation Act
• Sale Of Arrested Property