Aquarius Maritime (Pty) Ltd v MV Agatis and Others (AC14/2015)
Aquarius Maritime (Pty) Ltd v MV Agatis and Others (AC14/2015) [2015] ZAWCHC 62 (15 May 2015)
The court found that Aquarius failed to establish a prima facie case for its claims to management fees under the BIMCO contracts. The contracts clearly identified Solutions, not Aquarius, as the Manager entitled to fees, and Aquarius was at best a sub-contractor. No evidence of cession or assignment of rights from Solutions to Aquarius was presented. Promissory estoppel could not be used to create a contractual entitlement where none existed, and the factual basis for estoppel was not made out. The ex parte application failed to disclose material facts regarding the true contracting party, wh…
Source excerpt
- Security Arrest
- Prima Facie Case
- Contractual Entitlement
- Promissory Estoppel
- Non Disclosure
- Rectification