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Admiralty and maritime cases

South Africa Courts

A selection of recent judgments

2007

Mediterranean Shipping Company (Pty) Limited v Tebe Trading (Pty) Limited [MSC Spain] (204/06) [2007] ZASCA 12; [2007] SCA 12 (RSA) (20 March 2007)
Challenge Goods – deviation – bills of lading permitting deviation – damage to goods carried – whether wrongful failure of the agent for the carrier to advise shipper of the deviation

Seagull Chartering and Operating Limited v MV Asean Sea 01 and Another (A32/2006) [2007] ZAKZHC 3 (9 March 2007)
ADMIRALTY – arrest of ship – security for claim before arbitral tribunal – charter agreement – repudiation – authority of broker - application to set aside the arrest –applicant for the arrest retains the onus of satisfying the Court that it is entitled to the order

United Enterprises Corporation and Another v STX Pan Ocean Company Limited  [2007] ZAWCHC 12  (1 March 2007)
ADMIRALTY – Time Charterparty – application to set aside arrest of vessel – alternative counter application for security for claim in arbitration proceedings pending in London- rei iudicatae exception – earlier proceedings before Italian Court – Admiralty Jurisdiction Regulation Act No 105 of 1983, section 3(8)

2006

Mv Spirit of Namibia: Big Red One Incorporated and Another v Marco Fishing (Pty) Ltd (033/06) [2006] ZASCA 87; [2006] SCA 86 (RSA) (1 June 2006)
ADMIRALTY – action in personam – negligence – attachment of associated ship – substitution agreement – trial delayed – appeal against order of sale of ship pendente lite – Admiralty Jurisdiction Regulation Act 105 of 1983, ss8 and 9

MV New Market: Taxfield Shipping Ltd v Cargo currently lading on board the MV New Market and Others [2006] ZAWCHC 56; 2006 (5) SA 114 (13 April 2006)
ADMIRALTY – action in rem – Voyage Charterparty, Gencon (1994) form, clause 8: Lien Clause – Bill of Lading, Congenbill 1994 form, clause 1 – application seeking an order to set aside arrest of cargo – incorporation of charterparty in contract of carriage evidenced by Bill of Lading

Adventure Catamarans Limited v Florida Marine Corporation (CAC33/05) [2006] ZAWCHC 2 (24 March 2006)
ADMIRALTY – requirements for arrest of ship – Admiralty Jurisdiction Regulation Act 105 of 1983 s 5(2) and (3) – establishment of a prima facie cause of action – genuine and reasonable need for security – “reasonably arguable best case” test – no alternative and less disruptive opportunity for security

MV La Pampa: Louis Dreyfus Armateurs Snc v Tor Shipping 2006 (3) SA 441 (19 January 2006)
ADMIRALTY – action in rem – salvage claim – application to set aside arrest of ship – whether genuine and reasonable need for security – associated ship

2005

International Marine Transport v MV “Le Cong” and Another (80/2005) [2005] ZASCA 106 (23 November 2005)
Appeal from decision to set aside arrest of ship – associated ship – “power to control” – Admiralty Jurisdiction Regulation Act 105 of 1983, s 3(6) and (7)

MV “Msc Spain ”: Tebe Trading (Pty) Ltd v Mediterranean Shipping Co (Pty) Ltd 2006 (4) SA 495 (10 November 2005)
Appeal – carriage of goods – late delivery of goods – bill of lading – Himalaya clause.

MT Argun: Koval and Others v Fund Constituting the Proceeds of the Sale of the MT Argun and Others 2006 (1) SA 414 (7 June 2005)
ADMIRALTY – arrest of ship – judicial auction – proceeds of the sale paid into a fund – ranking of preservation costs – Admiralty Jurisdiction Regulation Act 105 of 1983 s 11 (4)

2004

Swire Pacific Offshore Services (Pte) Ltd v Roxana Bank and another (369/03) [2004] ZASCA 75 (16 September 2004)
Appeal – salvage – entitlement to salvage reward

Meihuizen Freight (Pty) Ltd v Transportes Maritimos de Portugal Lda and Others (150/2003) [2004] ZASCA 63 (31 May 2004)
Appeal – cargo loss – unseaworthiness of vessel – attachment to found or confirm jurisdiction - Admiralty Jurisdiction Regulation Act 105 of 1983 s 3(2) (b)

Farocean Marine (Pty) Ltd v Malacca Holdings Ltd and Another (223/03) [2004] ZASCA 58  (28 May 2004)
Appeal from MV Summit One Farocean Marine (Pty) Ltd v Malacca Holding Ltd and Another 2003 (6) SA 94 (C) – rebuilt/refit of vessel - attachment to found or confirm jurisdiction – Admiralty Jurisdiction Regulation Act 105 of 1983 s 5(1)

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