South Africa Case Law

Northern Endeavour Shipping Pte Ltd v Owners of NYK Isabel and Another (972/2015)

Northern Endeavour Shipping Pte Ltd v Owners of NYK Isabel and Another (972/2015) [2016] ZASCA 89; [2016] 3 All SA 418 (SCA); 2017(1) SA 25 (SCA) (1 June 2016)

Court

Supreme Court of Appeal

Case number

972/2015

Judges

Leach, Theron, Seriti, Wallis, Kathree-Setiloane

The Supreme Court of Appeal held that a slot charterer qualifies as a 'charterer' under section 3(7)(c) of the Admiralty Jurisdiction Regulation Act, thus enabling the arrest of the NYK Isabel as an associated ship. The court found that NYK became a party to the South African action by entering an appearance to defend, as provided by the Admiralty Court Rules. The court further held that NYK had a prima facie claim against NES, evidenced by the Brazilian judgment, and established a genuine and reasonable need for security, given NES's lack of assets and dormant status. The discretion to order…

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• Associated Ship Arrest
• Security For Claim
• Slot Charterer Status
• Admiralty Jurisdiction Regulation Act
• Joinder Of Parties
• Enforcement Of Foreign Judgments

Nadella Corporation v MV "Falcon Traveller" and Another (A74/2015)

Nadella Corporation v MV "Falcon Traveller" and Another (A74/2015) [2016] ZAKZDHC 59 (1 April 2016)

Court

Kwazulu-Natal High Court, Durban

Case number

A74/2015

Judge

Poyo Dlwati

The court found that Nadella Corporation had an enforceable maritime claim against Falcon Shipping, as evidenced by the indemnity clause and the subsequent arrest of the Falcon Carrier in Bangladesh. However, the court held that Nadella failed to prove, on a balance of probabilities, that the MV "Falcon Traveller" was an associated ship of the MV "Falcon Carrier" at the time the claim arose. Ownership and control of the vessels were distinct, with Falcon Shipping and Newbrook Shipping Corporation being separate entities, and Bekkers acting only as a management company. The cross mortgaging of…

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• Associated Ship Arrest
• Security For Claim
• Ownership And Control
• Cross Mortgaging
• Maritime Lien
• Arbitration Security

Close-up Mining (Pty) Ltd v Canyon Resources (Pty) Ltd (77941/2014)

Close-up Mining (Pty) Ltd v Canyon Resources (Pty) Ltd (77941/2014) [2014] ZAGPPHC 981 (13 November 2014)

Court

North Gauteng High Court, Pretoria

Case number

77941/2014

Judge

E Bertelsmann

Urgent High Court dispute over a mining contractor’s lien, possession of a colliery area and yard, alleged set-off, and competing spoliation claims.

• Mining Contract Dispute
• Possessory Lien
• Urgent Interdict
• Spoliation
• Set Off
• Security For Claim

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

Kuwiba Shipping Hong Kong Ltd v Prima Shipping Company Ltd and Another (AC47/2010)

Kuwiba Shipping Hong Kong Ltd v Prima Shipping Company Ltd and Another (AC47/2010) [2013] ZAWCHC 17 (28 January 2013)

Court

Western Cape High Court, Cape Town

Case number

AC47/2010

Judge

Gamble

The High Court dismissed an application to set aside the arrest of bunkers on MV Alina II, finding Prima’s ownership denial unsupported and the alternative charter story unreliable.

• Ownership Of Bunkers
• Charterparty Interpretation
• Admiralty Arrest
• Disponent Owner Liability
• Double Taxation
• Security For Claim

China National Chartering Co Ltd v MT GC Guangzhou and Others (A71/2011, A 70/11, A72/11, A75/11, A77/11, A80/11)

China National Chartering Co Ltd v MT GC Guangzhou and Others (A71/2011, A 70/11, A72/11, A75/11, A77/11, A80/11) [2011] ZAKZDHC 57 (2 September 2011)

Court

Kwazulu-Natal High Court, Durban

Case number

A71/2011

Judge

Ploos van Amstel

The court held the applicant had not proved the vessels were associated ships, so the vessel arrests were set aside and the vessel was released.

• Associated Ship Arrest
• Admiralty Jurisdiction Regulation Act
• Security For Claim
• Company Control
• Shareholders Agreement
• Admiralty-law

Brobulk Ltd v Gregos Shipping Ltd and Others (A71/2009)

Brobulk Ltd v Gregos Shipping Ltd and Others (A71/2009) [2010] ZAKZDHC 2 (28 January 2010)

Court

Kwazulu-Natal High Court, Durban

Case number

A71/2009

Judge

Swain

The court refused to set aside the arrest of the vessel mv Gregos, finding the applicant had made out a prima facie claim and that the enforceability issue was not decisive here.

• Arrest Of Ship
• Security For Claim
• Associated Ship
• Application Of English Law
• Inter Club Agreement
• Prima Facie Claim

Qannas Shipping Company Limited and Another v Bulkship Union S.A. and Another (A74/2006)

Qannas Shipping Company Limited and Another v Bulkship Union S.A. and Another (A74/2006) [2008] ZAKZHC 56 (4 March 2008)

Court

High Courts - Kwazulu Natal

Case number

A74/2006

Judge

Balton

The High Court set aside the arrest of the MV Cape Courage, holding the buyer’s damage claims arose only after delivery and transfer of ownership.

• Associated Ship Arrest
• Security For Claim
• Passing Of Ownership
• Breach Of Contract
• Misrepresentation
• English Law Sale Of Goods

Meihuizen Freight (Pty) Ltd v Transportes Maritimos de Portugal Lda and Others (150/2003)

Meihuizen Freight (Pty) Ltd v Transportes Maritimos de Portugal Lda and Others (150/2003) [2004] ZASCA 63; [2004] 3 All SA 289 (SCA); 2005 (1) SA 36 (SCA) (31 May 2004)

Court

Supreme Court of Appeal

Case number

150/2003

Judges

Marais, Scott, Farlam, Jones, Ponnan

The SCA held that freight money in an agent’s bank account could not be attached to found jurisdiction; only the principal’s right to payment was attachable.

• Attachment To Found Jurisdiction
• Admiralty Jurisdiction Regulation Act
• Agency Liability
• Security For Claim
• Anti Dissipation Interdict
• Admiralty-jurisdiction