South Africa Case Law

MV Tai Harmony: Sure Success Steamship SA v MV Tai Harmony and Others (AC2764/2023)

MV Tai Harmony: Sure Success Steamship SA v MV Tai Harmony and Others (AC2764/2023) [2024] ZAECQBHC 33; 2024 (4) SA 640 (ECGq) (23 April 2024)

Court

Eastern Cape High Court, Gqeberha

Case number

AC2764/2023

Judge

T Rossi

The court found that the applicant had established a prima facie claim for increased security in respect of its unpaid bunker claim, arising from PBL-Belize's breach of the Charter Party by failing to pay for bunkers and allowing a lien to be created over the vessel. The urgency of the application was justified by the imminent hearing of the main application, and the procedural requirements for urgency and fair hearing were met. The court held that it retained admiralty jurisdiction, as the respondents had submitted to the court's jurisdiction by furnishing security and participating in the p…

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• Security Arrest
• Associated Ship Liability
• Charter Party Breach
• Urgent Application Procedure
• Maritime Lien
• Foreign Arbitration Security

Asahi and Another v Manzo and Others (A121/2012, A122/2012, A126/2012,A127/2012)

Asahi and Another v Manzo and Others (A121/2012, A122/2012, A126/2012,A127/2012) [2014] ZAKZDHC 52 (15 October 2014)

Court

Kwazulu-Natal High Court, Durban

Case number

A121/2012, A122/2012, A126/2012, A127/2012

Judge

Rowan

The High Court made final procedural directions for oral evidence on whether the MV Asahi was an associated ship under South Africa’s Admiralty Jurisdiction Regulation Act.

• Associated Ship Liability
• Admiralty Jurisdiction Regulation Act
• Oral Evidence
• Discovery Procedure
• Admiralty-jurisdiction
• Associated-ship-liability

Terra Marine SA v MV "Iran Dastghayb" and Others (A148/2005)

Terra Marine SA v MV "Iran Dastghayb" and Others (A148/2005) [2009] ZAKZDHC 47 (29 October 2009)

Court

Kwazulu-Natal High Court, Durban

Case number

A148/2005

Judge

Patel

The KwaZulu-Natal High Court dismissed an application to stay an in rem admiralty action pending London arbitration, holding the vessel owner could not invoke the arbitration clause.

• Admiralty Jurisdiction Regulation Act
• Arbitration Clause Enforceability
• Associated Ship Liability
• Stay Of Proceedings
• Admiralty-law
• Arbitration-clause-enforceability

Euromarine International of Mauren v The Ship Berg (349/84)

Euromarine International of Mauren v The Ship Berg (349/84) [1986] ZASCA 4; [1986] 2 All SA 169 (A) (27 February 1986)

Court

Supreme Court of Appeal

Case number

349/84

Judges

Corbett, Miller, Hoexter, Grosskopf, Galgut

The Supreme Court of Appeal held that the provisions of the Admiralty Jurisdiction Regulation Act 105 of 1983, specifically sections 3(6), 3(7), and 5(3), are not purely procedural but create substantive rights and liabilities. The concept of 'associated ship' liability is a novel development that exposes ship owners to risks they did not face prior to the Act. There is no express or implied intention in the Act for these provisions to apply retrospectively to claims arising before its commencement. Retrospective application would prejudice ship owners who could not have anticipated such liab…

Source excerpt

• Admiralty Jurisdiction Regulation Act
• Associated Ship Liability
• Retrospective Application Of Statutes
• Action In Rem
• Maritime Claims