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…

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

Hilane Limited v MV Silver Star and Others (A2282/2013)

Hilane Limited v MV Silver Star and Others (A2282/2013) [2013] ZAECPEHC 61; 2014 (2) SA 392 (ECP) (3 December 2013)

Court

Eastern Cape High Court, Port Elizabeth

Case number

A2282/2013

Judge

J W Eksteen

The court refused to order the pendente lite sale of an arrested vessel, finding the applicant’s security was not materially endangered and the owner faced serious prejudice.

• Admiralty Jurisdiction Regulation Act
• Pendente Lite Sale
• Arrest Of Vessel
• Security For Claim
• Ranking Of Maritime Claims
• Admiralty-law

Fortis Bank (Nederland) N V v Orient Denizcilik Turizm Sanayi Ve Ticaret A S (242/2006)

Fortis Bank (Nederland) N V v Orient Denizcilik Turizm Sanayi Ve Ticaret A S (242/2006) [2007] ZASCA 115; [2007] SCA 115 (RSA); [2008] 2 All SA 387 (SCA); 2008 (1) SA 376 (SCA) (21 September 2007)

Court

Supreme Court of Appeal

Case number

242/2006

Judges

Scott, Farlam, Heher, Combrinck, Hurt

The Supreme Court of Appeal held that a person who pays for ship services cannot claim a higher maritime ranking than the original service provider.

• Ranking Of Maritime Claims
• Admiralty Jurisdiction Regulation Act
• Priority Of Mortgagee
• Payment Of Services
• One Year Limitation
• Admiralty-maritime-law

Den Norske Bank ASA v Madsen CV (139/99)

Den Norske Bank ASA v Madsen CV (139/99) [2001] ZASCA 34; [2001] 3 All SA 392 (A); 2001 (3) SA 529 (SCA) (23 March 2001)

Court

Supreme Court of Appeal

Case number

139/99

Judges

Vivier, Harms, Scott, Streicher, Cameron

The Supreme Court of Appeal held that the phrase 'a claim which arose' in section 11(4)(c) of the Admiralty Jurisdiction Regulation Act 105 of 1983 refers to the time when the claim comes into existence, not when it becomes due and payable. The Court reasoned that the legislative context, especially the provisions of section 10A(4)(a), supports this interpretation, as claims may be proved before they are enforceable. The distinction between existence and enforceability is well established in South African law, and the legislature would have used different wording if it intended otherwise. The…

Source excerpt

• Ranking Of Maritime Claims
• Admiralty Jurisdiction Regulation Act
• Interpretation Of Statutes
• Priority Of Creditors
• Submission Of Proof
• Mortgagee Priority

Summit Industrial Corporation v Claimants Against the Fund Comprising the Proceeds of the Sale of the M.V "Jade Transporter" (2/87)

Summit Industrial Corporation v Claimants Against the Fund Comprising the Proceeds of the Sale of the M.V "Jade Transporter" (2/87) [1987] ZASCA 2; [1987] 2 All SA 113 (A) (2 March 1987)

Court

Supreme Court of Appeal

Case number

2/87

Judges

Corbett, Trengove, Viljoen, Grosskopf, Nicholas

The court held that section 11(8) of the Admiralty Jurisdiction Regulation Act is applied according to its ordinary meaning, and Summit’s appeal was dismissed.

• Admiralty Jurisdiction Regulation Act
• Associated Ship Claims
• Ranking Of Maritime Claims
• Statutory Interpretation
• Action In Rem
• Fund Distribution