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

MS Mare Traveller Schiffahrts GmbH and Co KG v The "MV Hanjin Rome" and Another (AC40/2016; AC41/2016)

MS Mare Traveller Schiffahrts GmbH and Co KG v The "MV Hanjin Rome" and Another (AC40/2016; AC41/2016) [2017] ZAWCHC 111 (29 September 2017)

Court

Western Cape High Court, Cape Town

Case number

AC40/2016; AC41/2016

Judge

Le Grange

The High Court refused to extend admiralty writs for specified vessels sold before arrest, but extended the writ period for the remaining vessels.

• Extension Of Writ Validity
• Protective Writs
• Associated Ships
• Sale Of Vessel
• Service Of Process
• Jurisdictional Attachment