South Africa Case Law

MV 'TARIK III' Credit Europe Bank N.V. v The Fund Comprising the Proceeds of the Sale of the MV Tarik III and Others (1294/2021)

MV 'TARIK III' Credit Europe Bank N.V. v The Fund Comprising the Proceeds of the Sale of the MV Tarik III and Others (1294/2021) [2022] ZASCA 136; [2022] 4 All SA 621 (SCA) (13 October 2022)

Court

Supreme Court of Appeal

Case number

1294/2021

Judges

Ponnan, Zondi, Gorven, Makaula, Chetty

The majority held that the appellant, as a stranger to the charterparty, failed to establish that the bareboat charter agreement had terminated prior to the judicial sale of the vessel. The direct evidence from Garanti and Caliskan, supported by conduct and registry records, indicated the charterparty remained extant at all material times. The onus to prove termination rested on the appellant, who did not discharge it. The court further held that claimants need not have arrested the vessel prior to its sale to lodge claims against the Fund under the deeming provision. The procedure for provin…

Source excerpt

• Admiralty Jurisdiction Regulation Act
• Onus Of Proof
• Judicial Sale Of Vessel
• Distribution Of Fund
• Action In Rem
• Bareboat Charter

Cameron-Dow v The MFV '''Julietter''', Laubscher and Another v The MFV '''Julietter''' and Others (AC 70/2010, AC 85/2010)

Cameron-Dow v The MFV '''Julietter''', Laubscher and Another v The MFV '''Julietter''' and Others (AC 70/2010, AC 85/2010) [2010] ZAWCHC 653 (18 November 2010)

Court

Western Cape High Court, Cape Town

Case number

AC 70/2010, AC 85/2010

Judge

Cleaver

The court ordered the arrested fishing vessel MFV Juliette sold by public auction, preferred the sheriff to conduct the sale, and dismissed Cameron-Dow’s competing application.

• Judicial Sale Of Vessel
• Preservation Costs
• Ranking Of Claims
• Admiralty Jurisdiction
• Interlocutory Relief
• Admiralty-and-maritime

Bridge Oil Limited v Fund constituting the proceeds of the sale of the MV "Mega S" (formerly the MV "Aksu") and Others (AC 58/2002)

Bridge Oil Limited v Fund constituting the proceeds of the sale of the MV "Mega S" (formerly the MV "Aksu") and Others (AC 58/2002) [2003] ZAWCHC 24; 2007 (3) SA 202 (C) (12 June 2003)

Court

Western Cape High Court, Cape Town

Case number

AC 58/2002

Judge

R B Cleaver

The court dismissed a bunker supplier’s claim to rank above a mortgage claim after a Danish judicial sale and Maltese re-registration of the vessel.

• Ranking Of Claims
• Judicial Sale Of Vessel
• Law Of The Flag
• Maritime Liens
• Pledge Right
• International Conventions