Van Niekerk v MV "Madiba 1" (AC13/2018)
Van Niekerk v MV "Madiba 1" (AC13/2018) [2019] ZAWCHC 97; 2019 (6) SA 551 (WCC) (6 August 2019)
The court found that the plaintiff's loan agreement was directly linked to the design, construction, and equipment of the vessel, and the repayment was to be made from the vessel's earnings. This established a sufficient maritime connection under the Admiralty Jurisdiction Regulation Act. The absence of a registered mortgage did not preclude the claim from being a maritime claim. The exception raised by the defendant was therefore dismissed, as the claim fell within the definition of a maritime claim and was properly brought before the admiralty court.
Source excerpt
- Admiralty Jurisdiction
- Maritime Claim Definition
- Loan Agreement For Ship
- Exception To Pleadings
- Rem Proceedings