MV New Endeavor and Others v Indian Oil Corporation Limited (283/2023) [2024] ZASCA 67; 2024 (6) SA 64 (SCA) (3 May 2024)
Court
Supreme Court of Appeal
Case number
283/2023
Judges
Molemela, Mbatha, Meyer, Weiner, Seegobin
The Supreme Court of Appeal upheld the arrest of MV New Endeavor as an associated ship, finding Indian Oil proved common control on a balance of probabilities.
Motor Vessel 'Falcon Confidence' and Another v Nadella Corporation (AC5/19) [2019] ZAWCHC 171 (13 December 2019)
Court
Western Cape High Court, Cape Town
Case number
AC5/19
Judge
M Sher
The court refused to set aside the arrest of mv Falcon Confidence and allowed a P&I Club letter of undertaking to replace a bank guarantee as security.
Seaspan Holdco I Ltd and Others v MS Mare Tracer Schiffahrts GMBH & Co, KG and Another (A69/2016; A70/2016) [2018] ZAKZDHC 3; [2018] 2 All SA 551 (KZD); 2018 (5) SA 284 (KZD) (26 February 2018)
Court
Kwazulu-Natal High Court, Durban
Case number
A69/2016; A70/2016
Judge
Gyanda
The court held that the relevant time for determining ownership or control of an associated ship for arrest purposes under the Admiralty Jurisdiction Regulation Act is the time the protective writ is issued, not the time of arrest. The decision in 'Monica S' remains binding law in South Africa, as the Act and subsequent amendments did not alter this position. The arrest of a vessel after an arm's length sale to a third party is not unconstitutional or an arbitrary deprivation of property, as the practice is recognized internationally and mitigated by contractual indemnities and insurance. The…
Saga Welco AS v MV "Guo Shun" (A79/2017) [2017] ZAKZDHC 43 (16 November 2017)
Court
Kwazulu-Natal High Court, Durban
Case number
A79/2017
Judge
Olsen
Court set aside an ex parte arrest order for the MV Guo Shun, finding the applicant had not proved associated-ship control on a balance of probabilities.
Northern Endeavour Shipping Pte Ltd v Owners of NYK Isabel and Another (972/2015) [2016] ZASCA 89; [2016] 3 All SA 418 (SCA); 2017(1) SA 25 (SCA) (1 June 2016)
Court
Supreme Court of Appeal
Case number
972/2015
Judges
Leach, Theron, Seriti, Wallis, Kathree-Setiloane
The Supreme Court of Appeal held that a slot charterer qualifies as a 'charterer' under section 3(7)(c) of the Admiralty Jurisdiction Regulation Act, thus enabling the arrest of the NYK Isabel as an associated ship. The court found that NYK became a party to the South African action by entering an appearance to defend, as provided by the Admiralty Court Rules. The court further held that NYK had a prima facie claim against NES, evidenced by the Brazilian judgment, and established a genuine and reasonable need for security, given NES's lack of assets and dormant status. The discretion to order…
Nadella Corporation v MV "Falcon Traveller" and Another (A74/2015) [2016] ZAKZDHC 59 (1 April 2016)
Court
Kwazulu-Natal High Court, Durban
Case number
A74/2015
Judge
Poyo Dlwati
The court found that Nadella Corporation had an enforceable maritime claim against Falcon Shipping, as evidenced by the indemnity clause and the subsequent arrest of the Falcon Carrier in Bangladesh. However, the court held that Nadella failed to prove, on a balance of probabilities, that the MV "Falcon Traveller" was an associated ship of the MV "Falcon Carrier" at the time the claim arose. Ownership and control of the vessels were distinct, with Falcon Shipping and Newbrook Shipping Corporation being separate entities, and Bekkers acting only as a management company. The cross mortgaging of…
Owners of the MV Silver Star v Hilane Limited (82/2014) [2014] ZASCA 194; [2015] 1 All SA 410 (SCA); 2015 (2) SA 331 (SCA) (28 November 2014)
Court
Supreme Court of Appeal
Case number
82/2014
Judges
Ponnan, Wallis, Pillay, Zondi, Gorven
The Supreme Court of Appeal held that a maritime claim reduced to arbitration remained enforceable by associated ship arrest, and dismissed the appeal.
