South Africa Case Law

Southern African Shipyards (Pty) Ltd v MFV "Polaris" and Others (AC42/2017; AC48/2017)

Southern African Shipyards (Pty) Ltd v MFV "Polaris" and Others (AC42/2017; AC48/2017) [2018] ZAWCHC 48; [2018] 3 All SA 219 (WCC); 2018 (5) SA 263 (WCC) (18 April 2018)

Court

Western Cape High Court, Cape Town

Case number

AC42/2017; AC48/2017

Judge

N P Boqwana

The High Court held that arrested maritime property remains ring-fenced under AJRA despite business rescue, authorised sale of the vessel and cargo, and refused condonation.

• Admiralty Jurisdiction Regulation Act
• Business Rescue Proceedings
• Stay Of Proceedings
• Sale Of Arrested Property
• Acknowledgement Of Debt
• Admiralty-jurisdiction

Sheriff of Cape Town v Mt Argun, her owners and all persons interested in her and Others (166/2000)

Sheriff of Cape Town v Mt Argun, her owners and all persons interested in her and Others (166/2000) [2001] ZASCA 81; [2001] 4 All SA 302 (A); 2001 (3) SA 1230 (SCA) (1 June 2001)

Court

Supreme Court of Appeal

Case number

166/2000

Judges

Smalberger, Scott, Streicher, Navsa, Mthiyane

The Supreme Court of Appeal held that the sheriff is entitled to reimbursement for reasonable expenses incurred in preserving an arrested vessel from the arresting parties, regardless of whether English admiralty law or Roman-Dutch law is applied. The arresting parties are jointly and severally liable for such expenses during the period the vessel was under arrest at their instance. The continued arrest is conditional upon reimbursement within ten days of demand. The sheriff is not entitled to recover preservation expenses from the owners pendente lite, nor to an order for sale of the vessel…

Source excerpt

• Preservation Expenses
• Joint And Several Liability
• Arrest Of Ship
• Admiralty Jurisdiction Regulation Act
• Sale Of Arrested Property