South Africa Case Law

Transol Bunker BV v Motor Vessel "Andrico Unity" and Others; Grecian-Mar SRL v Motor Vessel "Andrico Unity" and Others (30/89)

Transol Bunker BV v Motor Vessel "Andrico Unity" and Others; Grecian-Mar SRL v Motor Vessel "Andrico Unity" and Others (30/89) [1989] ZASCA 30; [1989] 2 All SA 303 (A) (29 March 1989)

Court

Supreme Court of Appeal

Case number

30/89

Judges

Corbett, Hoexter, Grosskopf, Milne, Nicholas

The Supreme Court of Appeal held that, under section 6(1) of the Admiralty Jurisdiction Regulation Act, South African courts exercising admiralty jurisdiction must apply the law which the English High Court of Justice would have applied as at 1 November 1983. English admiralty law recognizes only six categories of maritime lien, and does not recognize foreign maritime liens unless the events giving rise to the claim would have created a maritime lien under English law. The existence of a maritime lien is a matter of procedure and remedies, governed by the lex fori. The court rejected the argu…

Source excerpt

• Maritime Lien
• Admiralty Jurisdiction Regulation Act
• Action In Rem
• Conflict Of Laws
• Ranking Of Claims
• Recognition Of Foreign Liens