MV New Endeavor and Others v Indian Oil Corporation Limited (283/2023) [2024] ZASCA 67; 2024 (6) SA 64 (SCA) (3 May 2024)
Court
Supreme Court of Appeal
Case number
283/2023
Judges
Molemela, Mbatha, Meyer, Weiner, Seegobin
The Supreme Court of Appeal upheld the arrest of MV New Endeavor as an associated ship, finding Indian Oil proved common control on a balance of probabilities.
MV Tai Harmony: Sure Success Steamship SA v MV Tai Harmony and Others (AC2764/2023) [2024] ZAECQBHC 33; 2024 (4) SA 640 (ECGq) (23 April 2024)
Court
Eastern Cape High Court, Gqeberha
Case number
AC2764/2023
Judge
T Rossi
The court found that the applicant had established a prima facie claim for increased security in respect of its unpaid bunker claim, arising from PBL-Belize's breach of the Charter Party by failing to pay for bunkers and allowing a lien to be created over the vessel. The urgency of the application was justified by the imminent hearing of the main application, and the procedural requirements for urgency and fair hearing were met. The court held that it retained admiralty jurisdiction, as the respondents had submitted to the court's jurisdiction by furnishing security and participating in the p…
Afgri Grain Marketing (Pty) Ltd v Trustees for the time being of Copenship Bulkers A/S (in liquidation) and Others (797/2018) [2019] ZASCA 104 (23 August 2019)
Court
Supreme Court of Appeal
Case number
797/2018
Judges
Wallis, Van der Merwe, Mocumie, Schippers, Mokgohloa
The Supreme Court of Appeal amended a costs order to remove an erroneous reference to costs under s 18(3) of the Superior Courts Act.
Afgri Grain Marketing (Pty) Ltd v Trustees for the time being of Copenship Bulkers A/S (in liquidation) and Others (797/2018) [2019] ZASCA 67; [2019] 3 All SA 321 (SCA); 2024 (1) SA 373 (SCA) (29 May 2019)
Court
Supreme Court of Appeal
Case number
797/2018
Judges
Wallis, Van der Merwe, Mocumie, Schippers, Mokgohloa
The Supreme Court of Appeal held that Copenship failed to discharge the onus of proving a genuine and reasonable need for security. The evidence presented consisted largely of speculation and generalities, with no plausible basis for apprehension that Afgri would be unable or unwilling to satisfy an arbitration award. Afgri's financial statements demonstrated robust financial health, substantial assets, and the support of a large, stable group. The group treasury arrangements did not justify a reasonable apprehension of non-payment, as funds could be made available to satisfy any award. The a…
Aquarius Maritime (Pty) Ltd v MV Agatis and Others (AC14/2015) [2015] ZAWCHC 62 (15 May 2015)
Court
Western Cape High Court, Cape Town
Case number
AC14/2015
Judge
Rogers
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…
CH Offshore Ltd v PDV Marina SA and Others (A113/2013) [2013] ZAKZDHC 62 (5 November 2013)
Court
Kwazulu-Natal High Court, Durban
Case number
A113/2013
Judge
Ploos van Amstel
The court held that the possessory rights of PDV Marina SA in the MT Rio Caroni, arising from a bareboat charter-party, are not real rights located within the jurisdiction of the South African court and cannot be arrested as security for the applicant's claim. The rights under the charter-party are contractual and their situs is where the shipowner resides, not where the vessel is physically present. The court found that mere possession does not constitute a real right or an asset in the estate of the charterer, and the arrest of such rights does not serve the legitimate purpose of providing…
Kalahari Mining Logistics (Pty) Ltd and Others v Wilest International Pvt Co. Ltd (A18/2013) [2013] ZAKZDHC 29; 2013 (5) SA 12 (KZD) (30 May 2013)
Court
Kwazulu-Natal High Court, Durban
Case number
A18/2013
Judge
SR Mullins
The court set aside the deemed arrest of iron ore cargo, holding that a vindicatory action in rem is not available for cargo under South African admiralty law.
Mediterranean Shipping Company SA v Cape Town Iron & Steel Works (Pty) Ltd (A55/2007) [2011] ZAKZDHC 8; 2011 (2) SA 547 (KZD) (22 February 2011)
Court
Kwazulu-Natal High Court, Durban
Case number
A55/2007
Judge
M J D Wallis
The court held that the plaintiff had discharged the onus of showing a genuine and reasonable need for security, given the defendant's failure to rebut allegations of imminent closure and inability to satisfy a judgment. However, the application was fatally defective because the plaintiff failed to identify the property to be arrested, as required by section 5(3) of the Admiralty Jurisdiction Regulation Act. The court found that authorising the sheriff to arrest any property of the defendant without specific identification amounted to a fishing expedition and was not contemplated by the Act.…
