Motor Vessel "Asturcon" and Others v Afriline Denizcilik Veg Emi Kiralama Ltd and Another (AC11/2015)
Motor Vessel "Asturcon" and Others v Afriline Denizcilik Veg Emi Kiralama Ltd and Another (AC11/2015) [2015] ZAWCHC 160 (2 September 2015)
The court held that the order setting aside the arrest of the vessel is a negative order, not susceptible to execution, and therefore not suspended by the pending appeal under section 18(1) of the Superior Courts Act and Uniform Rule 49(11). The LOU was furnished solely to secure the release of the vessel and to create a deemed arrest; its rationale falls away once the arrest is set aside. The maintenance costs of the LOU justify the urgency of the application. The court found Afriline's opposition not unreasonable enough to warrant attorney-and-client costs but ordered the return of the LOU…
Source excerpt
- Arrest In Rem
- Setting Aside Ex Parte Orders
- Suspension Pending Appeal
- Letter Of Undertaking
- Security For Costs