South Africa Case Law

World Fuel Services (Singapore) Pte Ltd t/a World Fuel Services and Another v MV 'Ainaftis' and Another (A107/2013; A125/2013)

World Fuel Services (Singapore) Pte Ltd t/a World Fuel Services and Another v MV 'Ainaftis' and Another (A107/2013; A125/2013) [2020] ZAKZDHC 23 (28 June 2020)

Court

Kwazulu-Natal High Court, Durban

Case number

A107/2013; A125/2013

Judge

Lopes

The court found that the applicants failed to establish a genuine and reasonable need for additional security for interest and costs. The delays in bringing the matter to trial were attributable to both parties, and the applicants' own lack of expedition undermined their claim of being under-secured. The calculations for interest and costs presented by the applicants were overstated and unreliable. The owner was unable to provide further security, having sold the ship and ceased trading, and the applicants did not establish the existence of associated companies capable of providing security.…

Source excerpt

• Admiralty Jurisdiction Regulation Act
• Security For Costs
• Security For Interest
• Associated Ships
• Variation Of Court Order

MS Mare Traveller Schiffahrts GmbH and Co KG v The "MV Hanjin Rome" and Another (AC40/2016; AC41/2016)

MS Mare Traveller Schiffahrts GmbH and Co KG v The "MV Hanjin Rome" and Another (AC40/2016; AC41/2016) [2017] ZAWCHC 111 (29 September 2017)

Court

Western Cape High Court, Cape Town

Case number

AC40/2016; AC41/2016

Judge

Le Grange

The High Court refused to extend admiralty writs for specified vessels sold before arrest, but extended the writ period for the remaining vessels.

• Extension Of Writ Validity
• Protective Writs
• Associated Ships
• Sale Of Vessel
• Service Of Process
• Jurisdictional Attachment