owners of the MV 'Banglar Mookh' v Transnet Ltd (842/2011)
owners of the MV 'Banglar Mookh' v Transnet Ltd (842/2011) [2012] ZASCA 57; 2012 (4) SA 300 (SCA); [2012] 3 All SA 632 (SCA) (30 March 2012)
The Supreme Court of Appeal found that the trial judge misdirected himself by relying unduly on demeanour and expert reconstruction based on imperfect data, and by failing to give proper weight to contemporaneous statements and the wider probabilities. Upon a fresh assessment of the record, the court held that the pilot's version was supported by the probabilities and should not have been rejected. The evidence did not establish gross negligence or recklessness on the part of the pilot, and thus the statutory exemption from liability applied. The respondent's failure to retain the VTS records…
Source excerpt
- Pilot Liability
- Gross Negligence
- Recklessness
- Exemption From Liability
- Loss Of Evidence
- Fair Trial