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South Africa Case Law

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Admiralty And Maritime [2015] ZAKZDHC 90

Nadella Corporation v Mv Falcon Traveller and Another (A74/2015)

Nadella Corporation v Mv Falcon Traveller and Another (A74/2015) [2015] ZAKZDHC 90 (23 December 2015)

Admiralty counter-security granted after an ex parte ship arrest, with the court finding a prima facie case and excessive security claimed by Nadella.

  • Security Arrest
  • Associated Ship
  • Counter Security
  • Indemnity Clause
  • Excessive Security
  • Jurisdiction
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Admiralty And Maritime [2010] ZAKZDHC 2

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)

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
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Admiralty And Maritime [1994] ZASCA 5

Bocimar NV v Kotor Overseas Shipping Ltd (323/93)

Bocimar NV v Kotor Overseas Shipping Ltd (323/93) [1994] ZASCA 5; 1994 (2) SA 563 (AD); [1994] 2 All SA 245 (A) (9 March 1994)

The court held that a ship-arrest applicant must prove a genuine and reasonable need for security on a balance of probabilities, and Bocimar failed to do so.

  • Security Arrest
  • Associated Ship
  • Onus Of Proof
  • Balance Of Probabilities
  • Judicial Sale
  • Quantum Of Claim
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.