South Africa Case Law

Kuwiba Shipping Hong Kong Ltd v Prima Shipping Company Ltd and Another (AC47/2010)

Kuwiba Shipping Hong Kong Ltd v Prima Shipping Company Ltd and Another (AC47/2010) [2013] ZAWCHC 17 (28 January 2013)

Court

Western Cape High Court, Cape Town

Case number

AC47/2010

Judge

Gamble

The High Court dismissed an application to set aside the arrest of bunkers on MV Alina II, finding Prima’s ownership denial unsupported and the alternative charter story unreliable.

• Ownership Of Bunkers
• Charterparty Interpretation
• Admiralty Arrest
• Disponent Owner Liability
• Double Taxation
• Security For Claim

TMT Bulk Co Ltd v Bukers Laden Abroad (AC 26/2009)

TMT Bulk Co Ltd v Bukers Laden Abroad (AC 26/2009) [2009] ZAWCHC 158; 2010 (3) SA 138 (WCC) (28 October 2009)

Court

Western Cape High Court, Cape Town

Case number

AC 26/2009

Judge

Binns-Ward

The court found that the charterparty between Transfeld and BG, specifically clauses 33(d) and 37, constituted a contract of sale of the bunkers on board the MV Vogerunner at delivery and redelivery. The essential elements of a sale were present: identification of the bunkers, a stipulated price, and an undertaking to deliver. The deletion of the standard clause 3 was not material to the construction of the contract, as per the principle in Koulis. The court rejected TMT's argument that the use of 'value' rather than 'price' negated the existence of a sale. Commercial sense supported BG's con…

Source excerpt

• Arrest Of Bunkers
• Ownership Of Bunkers
• Contract Of Sale
• Counter Security
• Charterparty Interpretation

Progress Bulk Carriers Limited v Sylvia Shipping Company Limited and Another (AR 336/2007)

Progress Bulk Carriers Limited v Sylvia Shipping Company Limited and Another (AR 336/2007) [2008] ZAKZHC 29; 2008 (5) SA 562 (N) (1 April 2008)

Court

High Courts - Kwazulu Natal

Case number

AR 336/2007

Judges

Levinsohn, Swain, Radebe

The court held that the respondent failed to establish a prima facie case for counter-security in an admiralty dispute and set aside the order.

• Counter Security
• Charterparty Interpretation
• Prima Facie Case
• Damages For Lost Sale
• Burden Of Proof
• Admiralty-law