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Mthonti v In-Out Panelbeaters CC t/a Professional Panel Beaters (13/00731) [2013] ZAGPJHC 166 (1 July 2013)
The court ordered release of a damaged BMW against an insurance guarantee, finding the panelbeater’s repair lien sufficiently secured and awarding punitive costs.
"Merak S" (Name of Ship) Sea Melody Enterprises SA v Bulktrans (Europe) Corporation (178/2000) [2002] ZASCA 18; 2002 (4) SA 273 (SCA) (27 March 2002)
The Supreme Court of Appeal held that the bank guarantee furnished by the appellant to secure the release of the vessel 'Merak S' from arrest constitutes 'security' within the meaning of section 5(2)(d) of the Admiralty Jurisdiction Regulation Act. The court found that maritime practice in South Africa and England treats such guarantees as equivalent to bail, and there is no reason to restrict the ordinary meaning of 'security' to exclude them. The court further held that its powers under section 5(2)(c)-(d) are sufficiently broad to allow for the reduction of security and the ordering of cou…
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