South Africa Case Law

Seaspan Holdco I Ltd and Others v MS Mare Tracer Schiffahrts GMBH & Co, KG and Another (A69/2016; A70/2016)

Seaspan Holdco I Ltd and Others v MS Mare Tracer Schiffahrts GMBH & Co, KG and Another (A69/2016; A70/2016) [2018] ZAKZDHC 3; [2018] 2 All SA 551 (KZD); 2018 (5) SA 284 (KZD) (26 February 2018)

Court

Kwazulu-Natal High Court, Durban

Case number

A69/2016; A70/2016

Judge

Gyanda

The court held that the relevant time for determining ownership or control of an associated ship for arrest purposes under the Admiralty Jurisdiction Regulation Act is the time the protective writ is issued, not the time of arrest. The decision in 'Monica S' remains binding law in South Africa, as the Act and subsequent amendments did not alter this position. The arrest of a vessel after an arm's length sale to a third party is not unconstitutional or an arbitrary deprivation of property, as the practice is recognized internationally and mitigated by contractual indemnities and insurance. The…

Source excerpt

• Associated Ship Arrest
• Admiralty Jurisdiction Regulation Act
• Change Of Ownership
• Maritime Liens
• Constitutional Interpretation
• Protective Writs

Matrix Yachts (Pty) Ltd v Mirage Catamaran (Pty) Ltd and Another (AC28/2017)

Matrix Yachts (Pty) Ltd v Mirage Catamaran (Pty) Ltd and Another (AC28/2017) [2017] ZAWCHC 93 (12 September 2017)

Court

Western Cape High Court, Cape Town

Case number

AC28/2017

Judge

Y S Meer

The court found that no oral contract of sale was concluded between the parties, as there was no consensus on the purchase price or its determination. The applicant, Matrix Yachts, remained the owner and employer, with formal documents and operational control supporting its claim. Mark Wehrley was an employee, not owner, and his actions in commandeering the yacht and diverting income constituted unlawful deprivation of possession. The requirements for spoliation relief were met, entitling the applicant to restoration of possession and income. The applicant also established a prima facie right…

Source excerpt

• Mandament Van Spolie
• Ownership Of Vessel
• Interdict
• Oral Contract Of Sale
• Possession
• Maritime Liens

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