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Windrush Intercontinental SA and Another v UACC Bergshav Tankers AS (556/2015) [2016] ZASCA 199; 2017 (3) SA 1 (SCA) (6 December 2016)
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.
Maree NO v Fund Constituted from the Proceeds of the Sale of the MV “Madagascar” and Other (A16/2006) [2010] ZAKZDHC 6 (18 January 2010)
The court held that DeRuyter's payments to settle vessel creditors and crew wages constitute maritime claims under section 1(1)(o) of the Admiralty Jurisdiction Regulation Act. Section 11(8) entitles any person who pays such claims to assert the rights and preferences of the original claimant, regardless of whether the payer is a shareholder or otherwise interested party. The court found no statutory bar preventing DeRuyter from relying on these provisions, and his motive for enhancing the value of the vessel does not preclude his entitlement. The factual disputes regarding the amounts and ra…
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