South Africa Case Law

MV 'TARIK III' Credit Europe Bank N.V. v The Fund Comprising the Proceeds of the Sale of the MV Tarik III and Others (1294/2021)

MV 'TARIK III' Credit Europe Bank N.V. v The Fund Comprising the Proceeds of the Sale of the MV Tarik III and Others (1294/2021) [2022] ZASCA 136; [2022] 4 All SA 621 (SCA) (13 October 2022)

Court

Supreme Court of Appeal

Case number

1294/2021

Judges

Ponnan, Zondi, Gorven, Makaula, Chetty

The majority held that the appellant, as a stranger to the charterparty, failed to establish that the bareboat charter agreement had terminated prior to the judicial sale of the vessel. The direct evidence from Garanti and Caliskan, supported by conduct and registry records, indicated the charterparty remained extant at all material times. The onus to prove termination rested on the appellant, who did not discharge it. The court further held that claimants need not have arrested the vessel prior to its sale to lodge claims against the Fund under the deeming provision. The procedure for provin…

Source excerpt

• Admiralty Jurisdiction Regulation Act
• Onus Of Proof
• Judicial Sale Of Vessel
• Distribution Of Fund
• Action In Rem
• Bareboat Charter

Destinar Limited v NTS Shipping PTE Limited and Others (AC07/2020)

Destinar Limited v NTS Shipping PTE Limited and Others (AC07/2020) [2020] ZAWCHC 26 (28 April 2020)

Court

Western Cape High Court, Cape Town

Case number

AC07/2020

Judge

Francis, AJ

The court held that Destinar lacked locus standi to challenge arrest of the vessel Ekarma and dismissed the application with costs.

• Associated Ship Arrest
• Locus Standi
• Admiralty Jurisdiction Regulation Act
• Bareboat Charter
• Purchase And Sale Agreement
• Admiralty-arrest

Windrush Intercontinental SA and Another v UACC Bergshav Tankers AS (556/2015)

Windrush Intercontinental SA and Another v UACC Bergshav Tankers AS (556/2015) [2016] ZASCA 199; 2017 (3) SA 1 (SCA) (6 December 2016)

Court

Supreme Court of Appeal

Case number

556/2015

Judges

Maya, Shongwe, Wallis, Dambuza, Makgoka

The Supreme Court of Appeal held that no maritime lien for crew wages existed after pirates held seafarers hostage, so the vessel’s deemed arrest was set aside.

• Maritime Lien
• Crew Wages
• Frustration Of Contract
• Admiralty Jurisdiction Regulation Act
• Bareboat Charter
• Action In Rem

CH Offshore Ltd v PDV Marina SA and Others (A113/2013)

CH Offshore Ltd v PDV Marina SA and Others (A113/2013) [2013] ZAKZDHC 62 (5 November 2013)

Court

Kwazulu-Natal High Court, Durban

Case number

A113/2013

Judge

Ploos van Amstel

The court held that the possessory rights of PDV Marina SA in the MT Rio Caroni, arising from a bareboat charter-party, are not real rights located within the jurisdiction of the South African court and cannot be arrested as security for the applicant's claim. The rights under the charter-party are contractual and their situs is where the shipowner resides, not where the vessel is physically present. The court found that mere possession does not constitute a real right or an asset in the estate of the charterer, and the arrest of such rights does not serve the legitimate purpose of providing…

Source excerpt

• Security Arrest
• Bareboat Charter
• Possessory Rights
• Jurisdiction
• Hire Purchase
• Action In Rem