South Africa Case Law

Martrade Shipping and Transport GmbH v United Enterprises Corporation and MV 'Unity' (1085/ 2019)

Martrade Shipping and Transport GmbH v United Enterprises Corporation and MV 'Unity' (1085/ 2019) [2020] ZASCA 120 (2 October 2020)

Court

Supreme Court of Appeal

Case number

1085/ 2019

Judges

Navsa, Makgoka, Schippers, Eksteen, Goosen

The Supreme Court of Appeal held that the proper interpretation of the order required reading paragraphs 2.1 and 2.2 together. The 15-day period in paragraph 2.1 was intended to allow the parties to reach agreement on the form of security. If no agreement was reached, the registrar would determine the form, and a further 15 days (making 30 days in total) were available for compliance. The respondents' interpretation, which treated the 15-day period as the absolute deadline, was rejected as it did not accord with the grammatical structure or the manifest purpose of the order. The court emphasi…

Source excerpt

• Interpretation Of Court Orders
• Admiralty Jurisdiction Regulation Act
• Security For Costs
• Counter Security
• Arrest Of Vessel

Hilane Limited v MV Silver Star and Others (A2282/2013)

Hilane Limited v MV Silver Star and Others (A2282/2013) [2013] ZAECPEHC 61; 2014 (2) SA 392 (ECP) (3 December 2013)

Court

Eastern Cape High Court, Port Elizabeth

Case number

A2282/2013

Judge

J W Eksteen

The court refused to order the pendente lite sale of an arrested vessel, finding the applicant’s security was not materially endangered and the owner faced serious prejudice.

• Admiralty Jurisdiction Regulation Act
• Pendente Lite Sale
• Arrest Of Vessel
• Security For Claim
• Ranking Of Maritime Claims
• Admiralty-law