South Africa Case Law

MV Tai Harmony: Sure Success Steamship SA v MV Tai Harmony and Others (AC2764/2023)

MV Tai Harmony: Sure Success Steamship SA v MV Tai Harmony and Others (AC2764/2023) [2024] ZAECQBHC 33; 2024 (4) SA 640 (ECGq) (23 April 2024)

Court

Eastern Cape High Court, Gqeberha

Case number

AC2764/2023

Judge

T Rossi

The court found that the applicant had established a prima facie claim for increased security in respect of its unpaid bunker claim, arising from PBL-Belize's breach of the Charter Party by failing to pay for bunkers and allowing a lien to be created over the vessel. The urgency of the application was justified by the imminent hearing of the main application, and the procedural requirements for urgency and fair hearing were met. The court held that it retained admiralty jurisdiction, as the respondents had submitted to the court's jurisdiction by furnishing security and participating in the p…

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• Security Arrest
• Associated Ship Liability
• Charter Party Breach
• Urgent Application Procedure
• Maritime Lien
• Foreign Arbitration Security

Windrush Intercontinental SA and Another v UACC Bergshav Tankers AS (556/2015)

Windrush Intercontinental SA and Another v UACC Bergshav Tankers AS (556/2015) [2016] ZASCA 199; 2017 (3) SA 1 (SCA) (6 December 2016)

Court

Supreme Court of Appeal

Case number

556/2015

Judges

Maya, Shongwe, Wallis, Dambuza, Makgoka

The Supreme Court of Appeal held that no maritime lien for crew wages existed after pirates held seafarers hostage, so the vessel’s deemed arrest was set aside.

• Maritime Lien
• Crew Wages
• Frustration Of Contract
• Admiralty Jurisdiction Regulation Act
• Bareboat Charter
• Action In Rem

Nadella Corporation v MV "Falcon Traveller" and Another (A74/2015)

Nadella Corporation v MV "Falcon Traveller" and Another (A74/2015) [2016] ZAKZDHC 59 (1 April 2016)

Court

Kwazulu-Natal High Court, Durban

Case number

A74/2015

Judge

Poyo Dlwati

The court found that Nadella Corporation had an enforceable maritime claim against Falcon Shipping, as evidenced by the indemnity clause and the subsequent arrest of the Falcon Carrier in Bangladesh. However, the court held that Nadella failed to prove, on a balance of probabilities, that the MV "Falcon Traveller" was an associated ship of the MV "Falcon Carrier" at the time the claim arose. Ownership and control of the vessels were distinct, with Falcon Shipping and Newbrook Shipping Corporation being separate entities, and Bekkers acting only as a management company. The cross mortgaging of…

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• Associated Ship Arrest
• Security For Claim
• Ownership And Control
• Cross Mortgaging
• Maritime Lien
• Arbitration Security

Italspeed Automotive Ltd a Sao Paulo Brazil v Geodis Wilson South Africa (Pty) Ltd (A1155/2010)

Italspeed Automotive Ltd a Sao Paulo Brazil v Geodis Wilson South Africa (Pty) Ltd (A1155/2010) [2010] ZAKZDHC 69 (2 December 2010)

Court

Kwazulu-Natal High Court, Durban

Case number

A1155/2010

Judge

Lopes

High Court admiralty matter over short-shipped cargo, security, and a maritime lien pending arbitration. The court ordered shipment only against security.

• Maritime Lien
• Security For Costs
• Breach Of Contract
• Arbitration Clause
• Demurrage Charges
• Admiralty-maritime

MT 'Fotiy Krylov' v Owners of the MT “Ruby Deliverer” (AC181/2006)

MT 'Fotiy Krylov' v Owners of the MT “Ruby Deliverer” (AC181/2006) [2008] ZAWCHC 104 (30 April 2008)

Court

Western Cape High Court, Cape Town

Case number

AC181/2006

Judge

Davis

The application for leave to appeal was dismissed because the applicant failed to demonstrate a reasonable prospect that the Supreme Court of Appeal would interpret the relevant English law on maritime liens differently. The Court found that the statutory time bar does not apply to maritime lien claims asserted in rem, but where a contractual provision excludes the owner's liability, no damage lien accrues if the charterers are treated as owners. The Court also held that Tsvaliris, as a subcontractor, was entitled to the protection of the Himalaya clause under the Towcon agreement, as the con…

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• Maritime Lien
• Admiralty Jurisdiction Regulation Act
• Contractual Exclusion Of Liability
• Himalaya Clause
• Action In Rem
• Charter Party Liability

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)

Court

Supreme Court of Appeal

Case number

653/2002

Judges

Marais, Farlam, Navsa, Cloete, Jones

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…

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• Action In Rem
• Maritime Lien
• Arrest And Release
• Preservation Costs
• Interest Awards
• Costs Orders

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)

Court

Western Cape High Court, Cape Town

Case number

AC127/99, AC134/99, AC4/02

Judge

Foxcroft

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…

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• Maritime Lien
• Seamen Wages
• Cession And Assignment
• Preservation Costs
• Interest On Foreign Currency Judgments

Brady-Hamilton Stevedoring Company and Others v Motor Vessel "Kalantiao" and Others (29/89)

Brady-Hamilton Stevedoring Company and Others v Motor Vessel "Kalantiao" and Others (29/89) [1989] ZASCA 29 (29 March 1989)

Court

Supreme Court of Appeal

Case number

29/89

Judges

CORBETT, HOEXTER, E M GROSSKOPF, MILNE, NICHOLAS

The court held that South African law did not recognize foreign maritime liens for stevedoring claims arising in the United States, so the vessel arrest was set aside.

• Maritime Lien
• Admiralty Jurisdiction
• Foreign Law Recognition
• Admiralty-law
• Maritime-liens
• Vessel-arrest

Transol Bunker BV v Motor Vessel "Andrico Unity" and Others; Grecian-Mar SRL v Motor Vessel "Andrico Unity" and Others (30/89)

Transol Bunker BV v Motor Vessel "Andrico Unity" and Others; Grecian-Mar SRL v Motor Vessel "Andrico Unity" and Others (30/89) [1989] ZASCA 30; [1989] 2 All SA 303 (A) (29 March 1989)

Court

Supreme Court of Appeal

Case number

30/89

Judges

Corbett, Hoexter, Grosskopf, Milne, Nicholas

The Supreme Court of Appeal held that, under section 6(1) of the Admiralty Jurisdiction Regulation Act, South African courts exercising admiralty jurisdiction must apply the law which the English High Court of Justice would have applied as at 1 November 1983. English admiralty law recognizes only six categories of maritime lien, and does not recognize foreign maritime liens unless the events giving rise to the claim would have created a maritime lien under English law. The existence of a maritime lien is a matter of procedure and remedies, governed by the lex fori. The court rejected the argu…

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• Maritime Lien
• Admiralty Jurisdiction Regulation Act
• Action In Rem
• Conflict Of Laws
• Ranking Of Claims
• Recognition Of Foreign Liens