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South Africa Case Law

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Admiralty And Maritime [2008] ZAWCHC 104

MT 'Fotiy Krylov' v Owners of the MT “Ruby Deliverer” (AC181/2006)

MT 'Fotiy Krylov' v Owners of the MT “Ruby Deliverer” (AC181/2006) [2008] ZAWCHC 104 (30 April 2008)

The application for leave to appeal was dismissed because the applicant failed to demonstrate a reasonable prospect that the Supreme Court of Appeal would interpret the relevant English law on maritime liens differently. The Court found that the statutory time bar does not apply to maritime lien claims asserted in rem, but where a contractual provision excludes the owner's liability, no damage lien accrues if the charterers are treated as owners. The Court also held that Tsvaliris, as a subcontractor, was entitled to the protection of the Himalaya clause under the Towcon agreement, as the con…

  • Maritime Lien
  • Admiralty Jurisdiction Regulation Act
  • Contractual Exclusion Of Liability
  • Himalaya Clause
  • Action In Rem
  • Charter Party Liability
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Admiralty And Maritime [2008] ZAWCHC 3

MT "Fotiy Krylov" v Owners of the MT "Ruby Deliverer" (181/06)

MT "Fotiy Krylov" v Owners of the MT "Ruby Deliverer" (181/06) [2008] ZAWCHC 3; 2008 (5) SA 434 (C); (12 February 2008)

The High Court set aside the deemed arrest of MT Fotiy Krylov, holding the respondent had not shown a prima facie maritime lien claim against the vessel.

  • Damage Maritime Lien
  • Associated Ship Arrest
  • Himalaya Clause
  • Exclusive Jurisdiction Clause
  • Time Bar
  • Contractual Exemption
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Admiralty And Maritime [2007] ZASCA 12

Mediterranean Shipping Company (Pty) Ltd. v Tebe Trading (Pty) Ltd. [MSC Spain] (204/06)

Mediterranean Shipping Company (Pty) Ltd. v Tebe Trading (Pty) Ltd. [MSC Spain] (204/06) [2007] ZASCA 12; [2007] SCA 12 (RSA); 2008 (6) SA 595 (SCA) ; [2007] 2 All SA 489 (SCA) (20 March 2007)

The SCA held that a shipping agent owed no delictual duty to warn a shipper of a permitted deviation and delay under the bill of lading.

  • Carrier Liability
  • Agent Principal Relationship
  • Pure Economic Loss
  • Scope Of Voyage Clause
  • Himalaya Clause
  • Delict
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Commercial And Corporate [2005] ZAKZHC 17

Tebe Trading (Proprietary) Limited v Mediterranean Shipping Company (Proprietary) Limited (AR947/03)

Tebe Trading (Proprietary) Limited v Mediterranean Shipping Company (Proprietary) Limited (AR947/03) [2005] ZAKZHC 17; 2006 (4) SA 495 (N) (10 November 2005)

The court found that the appellant had locus standi, as the commercial arrangement with Laughing Waters constituted a valid contract of sale with a determinable price, and ownership and risk had passed. The defendant contracted as agent for MSC Geneva, not as principal, and thus was not liable under the contract of carriage. However, the defendant owed the appellant a duty of care to inform it of the extended transit time due to the vessel's rerouting, given the perishability of the cargo and the representations made. The defendant negligently breached this duty by failing to inform the appel…

  • Contract Of Carriage
  • Himalaya Clause
  • Duty Of Care
  • Negligence
  • Locus Standi
  • Shipping Documents
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.