Master and Crew of the MT "Argun" and Others v MT "Argun" (AC127/99, AC134/99, AC4/02)
Master and Crew of the MT "Argun" and Others v MT "Argun" (AC127/99, AC134/99, AC4/02) [2002] ZAWCHC 51; [2003] 1 All SA 346 (C); 2003 (3) SA 149 (C); (2003) 24 ILJ 1104 (C) (12 September 2002)
The court held that maritime liens for seamen's wages are personal and not transferable by cession or assignment. The cession agreements executed by the plaintiffs in favour of their attorneys were intended only as security for legal fees and did not divest the plaintiffs of their rights to sue for unpaid wages. The plaintiffs retained locus standi to enforce their claims in rem against the vessel. Preservation costs incurred by the Sheriff as a result of the arrest are recoverable as costs of suit. Interest on wage claims in US dollars is to be awarded at the South African prescribed rate. T…
Source excerpt
- Maritime Lien
- Seamen Wages
- Cession And Assignment
- Preservation Costs
- Interest On Foreign Currency Judgments