South Africa Case Law

Engen Petroleum Ltd v Mykatrade 160 CC t/a Strata Logistics and Another (13897/2010)

Engen Petroleum Ltd v Mykatrade 160 CC t/a Strata Logistics and Another (13897/2010) [2013] ZAKZDHC 61 (1 November 2013)

Court

Kwazulu-Natal High Court, Durban

Case number

13897/2010

Judge

Gorven

The court awarded Engen damages, interest, and attorney-and-client costs after a fuel-tanker collision and spill, finding the claimed quantum and cleanup costs proven.

• Quantification Of Damages
• Reasonableness Of Expert Fees
• Joint And Several Liability
• Environmental Cleanup Costs
• Pre Collision Vehicle Valuation
• Quantification-of-damages

Truck and General Insurance Co Ltd v Verulam Fuel Distributors CC and Another (540/04)

Truck and General Insurance Co Ltd v Verulam Fuel Distributors CC and Another (540/04) [2006] ZASCA 85; 2007 (2) SA 26 (SCA) (31 May 2006)

Court

Supreme Court of Appeal

Case number

540/04

Judges

MPATI, FARLAM, MTHIYANE, JAFTA, MAYA

The court held that the statutory obligation imposed on the insured by section 30(4) of the National Environmental Management Act to contain and minimise the effects of the fuel spillage constitutes a legal liability covered by subsection B of the insurance policy, provided there is damage to property other than the insured's own and the liability is in respect of such damage. The court rejected a strict application of the Post Office rule, which would require a judgment or agreement establishing liability to a third party before indemnity arises, as this would defeat the purpose of environme…

Source excerpt

• Insurance Policy Interpretation
• Statutory Liability
• Environmental Cleanup Costs
• Damage To Property