Mt 'Argun' v Master and Crew of The Mt 'Argun' Claiming Under Case No AC127/99 and Others (653/2002)
Mt 'Argun' v Master and Crew of The Mt 'Argun' Claiming Under Case No AC127/99 and Others (653/2002) [2003] ZASCA 87; [2003] 4 All SA 139 (SCA); 2004 (1) SA 1 (SCA) (19 September 2003)
The Supreme Court of Appeal held that the lapsing of the arrests did not cause the first and second actions in rem to lapse. The court found that jurisdiction, once established by arrest at the commencement of proceedings, continues to exist until the end of the action, even if the arrest lapses, following the rule in Thermo Radiant Oven Sales. The judgments in rem obtained by the first and second respondents were executable against the vessel, and it was not necessary to institute further actions to enforce them. The court upheld the order for interest at 15.5% per annum from the end of each…
Source excerpt
- Action In Rem
- Maritime Lien
- Arrest And Release
- Preservation Costs
- Interest Awards
- Costs Orders