South Africa Case Law

Credit Europe Bank N.V v Fund Comprising the proceeds of the sale of the MV Tarik III and Others (A 80/2014)

Credit Europe Bank N.V v Fund Comprising the proceeds of the sale of the MV Tarik III and Others (A 80/2014) [2021] ZAKZDHC 17 (6 May 2021)

Court

Kwazulu-Natal High Court, Durban

Case number

A 80/2014

Judge

Moodley

The court held that the Referee correctly found the demise charter was extant at the time of the judicial sale, based on direct evidence from Garanti and Caliskan and the Turkish Ship Registry. The deeming provision in section 1(3) of AJRA allows claimants to lodge claims against the fund without arresting the vessel, once the fund is constituted by judicial sale. The applicant failed to discharge the onus of proving the demise charter was terminated prior to sale. Garanti, as owner, is precluded from claiming preservation costs from the fund, as only claimants with enforceable maritime claim…

Source excerpt

• Demise Charter Liability
• Distribution Of Fund
• Preservation Costs
• Ranking Of Maritime Claims
• Admiralty Jurisdiction Regulation Act
• Costs Awards

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

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…

Source excerpt

• 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…

Source excerpt

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