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South Africa decisions
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Viking Fishing A Division of Sea Harvest Corporation (Pty) Ltd and Others (AC16/2024), Ex parte [2024] ZAWCHC 283 (30 September 2024)
Ex parte admiralty application granting a presumption of death for 11 missing Lepanto crew members after the vessel sank off Hout Bay.
Twende Africa Group (Pty) Ltd t.a TAG Marine v Qavak; Fisherman Fresh CC v Twende Africa Group (Pty) Ltd t.a TAG Marine (AC216/2018) [2018] ZAECPEHC 20; [2018] 2 All SA 576 (ECP) (20 February 2018)
The court found that the applicant had demonstrated sufficient urgency due to the commercial prejudice caused by the arrest of the vessel, justifying truncated time periods for the application. On the merits, the plaintiff failed to establish a prima facie contractual claim against the applicant, as the evidence did not support the existence of a tacit or implied agreement obliging the applicant to pay commission. The plaintiff's alternative delictual claim for unlawful interference was also not prima facie established, as the necessary elements, including actual loss and a legal duty, were n…
Source excerpt
Central Bridge Trading 333 CC v Extreme Motion Marketing CC; In re: Extreme Motion Marketing CC v Central Bridge Trading 333 CC (A18075/16) [2017] ZAGPJHC 334 (17 June 2017)
The High Court set aside the arrest of chrome concentrate, holding that goods become cargo under Admiralty law only once brought onto the vessel.
MV 'Shark Team' v Tallman (190/2015) [2016] ZASCA 46 (31 March 2016)
The Supreme Court of Appeal held that the Shark Team skipper was not negligent when a freak wave capsized the vessel and dismissed the widow’s damages claim.
Big Red One Incorporated and Another v Macro Fishing (Pty) Ltd (033/06) [2006] ZASCA 87; 2006 (6) SA 309 (SCA) (1 June 2006)
The Supreme Court of Appeal upheld a sale pendente lite of the MV Spirit of Namibia, finding the attachment covered a maritime claim and the agreement did not bar sale.
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