Admiralty & Maritime Cases - South Africa NPA logo with link NPA logo with link

Admiralty & Maritime Cases - South Africa

Listing by year

A selection of decisions (with links to full text where available)

2019

30 May 2019: Atakas Ticaret VE Nakliyat AS v Glencore International AG (768/2018) [2019] ZASCA 77

29 May 2019: 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

12 Mar 2019: MFV Qavak: Twende Africa Group (Pty) Ltd v MFV Qavak [2019] ZASCA 9

1 Feb 2019 - MV Seaspan Grouse: Seaspan Holdco 1 Ltd v MS Mare Traveller Schiffahrts GmbH [2019] ZASCA 02

2018

18 Apr 2018: Southern African Shipyards (Pty) Ltd v MFV "Polaris" and Others (AC42-2017; AC48-2017) [2018] ZAWCHC 48

29 Mar 2018: MS "Bonanza" Schiffahrtgesellschaft mbH & Co, KG and Another v Durban Coal Terminal Company (Pty) Ltd t.a Bulk Connexions and Another (A50/2017) [2018] ZAKZDHC 6

26 Feb 2018: Seaspan Holdco I Ltd and Others v MS Mare Tracer Schiffahrts GMBH & Co, KG and Another (A69/2016; A70/2016) [2018] ZAKZDHC 3; [2018] 2 All SA 551 (KZD)

20 Feb 2018: Twende Africa Group (Pty) Ltd t.a TAG Marine v Qavak; Fisherman Fresh CC v Twende Africa Group (Pty) Ltd t.a TAG Marine (AC216/2018) [2018] ZAECPEHC 20; [2018] 2 All SA 576 (ECP)

2017 

16 Nov 2017: Saga Welco AS v MV "Guo Shun" (A79/2017) [2017] ZAKZDHC 43

29 Sep 2017: MS Mare Traveller Schiffahrts GmbH and Co KG v The "MV Hanjin Rome" and Another (AC40/2016; AC41/2016) [2017] ZAWCHC 111
18 Jul 2017: National Ports Authority, a Division of Transnet (SOC) Ltd v Owners and Underwriters of the MV "Smart" (A11-2016; A56-2016; A64-2016) [2017] ZAKZDHC 28


2016

6 Dec 2016: Windrush Intercontinental SA and Another v UACC Bergshav Tankers AS (556/2015) [2016] ZASCA 199; 2017 (3) SA 1 (SCA)

11 Nov 2016 Marubeni Corporation and Others v Intergis Co. Limited (A122/2015) [2016] ZAKZDHC 41

20 Jul 2016: MV 'PrivGulf' v ING Bank NV and Others (A72/2015) [2016] ZAKZDHC 23

31 Mar 2016: MV 'Shark Team' v Tallman (190/2015) [2016] ZASCA 46

1 Mar 2016: Jacobs v Blue Water and Others (11755/2005) [2016] ZAWCHC 17


2015

23 Dec 2015: Nadella Corporation v Mv Falcon Traveller and Another (A74/2015) [2015] ZAKZDHC 90

16 Nov 2015 Owners And Parties who bear risk in and to the Pontoon Margaret and the Cargo of two Floating Docks and Twelve Barges v MT 'Savaliant', Handel and Another v Semco Salvage (VI) PTE Ltd and Another (AC81/2009, AC144/2010) [2015] ZALCCT 69

16 Nov 2015: Owners And Parties who bear risk in and to the Pontoon Margaret and the Cargo of two Floating Docks and Twelve Barges v MT 'Savaliant', Handel and Another v Semco Salvage (VI) PTE Ltd and Another (AC81/2009, AC144/2010) [2015] ZAWCHC 172

2 Sep 2015: Motor Vessel "Asturcon" and Others v Afriline Denizcilik Veg Emi Kiralama Ltd and Another (AC11/2015) [2015] ZAWCHC 160

15 May 2015: Aquarius Maritime (Pty) Ltd v MV Agatis and Others (AC14/2015) [2015] ZAWCHC 62

15 Apr 2015: Cameron-Down v En Commandite Partnership PJ Laubscher And MC Cameron-Dow and Others (AC 75/09) [2015] ZAWCHC 48

9 Apr 2015: Windrush Intercontinental SA and Another v UACC Bergshav Tankers AS (A111/2012) [2015] ZAKZDHC 30

25 Mar 2015: LBH Mozambique Limitada v Fund Consisting of the Proceeds of the Sale of the Cargo of 4,904.78 Tons of Chromite Ore Concentrates Lately Laden on Board and Another (A16/2014) [2015] ZAKZDHC 32

[2011] [2010] [2009] [2008] [2007]

[2005]

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2014

23 Dec 2014: Tallman v MV "Shark Team" and Others (AC 40/2009) [2014] ZAWCHC 20

28 Nov 2014: Owners of the MV Silver Star v Hilane Limited (82/2014) [2014] ZASCA 194

17 Oct 2014: Viking Inshore Fishing (Pty) Ltd v Mutual And Federal Insurance Company Limited (AC 22/07) [2014] ZAWCHC 154

15 Oct 2014: Asahi and Another v Manzo and Others, Asahi and Another v Ubas and Others, Asahi and Another v Reynaldo, Asahi and Another v Cuevas and Others (A121/2012, A122/2012, A126/2012,A127/2012) [2014] ZAKZDHC 52

12 Sep 2014: M/V "Asahi" v Manzo and Others (A121/2012) [2014] ZAKZDHC 57

5 Sep 2014: Oxacelay and Another v El Shaddai and Others (A 51/2014) [2014] ZAKZDHC 39

23 May 2014: Columbus Stainless (Pty) Ltd v Kuehne & Nagel (Pty) Ltd and Another, In Re; National Ports Authority of South Africa v Kuehne & Nagel (Pty) Ltd and Another (3580/2013) [2014] ZAKZDHC 19


2013

3 Dec 2013: Hilane Limited v MV Silver Star and Others (A2282/2013) [2013] ZAECPEHC 61

14 Nov 2013: Repowild CC v Oceanland Cargo Terminal (Pty) Ltd (23044/2010) [2013] ZAGPJHC 284

14 Nov 2013: Repo Wild CC v Oceanland Cargo Terminal (Pty) Ltd (23044/2010) [2013] ZAGPJHC 277

5 Nov 2013: CH Offshore Ltd v PDV Marina SA and Others (A113/2013) [2013] ZAKZDHC 62

30 Oct 2013: Viking Inshore Fishing (Pty) Ltd v Mutual & Federal Insurance Company Ltd (AC22/2007) [2013] ZAWCHC 163

28 Aug 2013: The owners of the mv "Silver Star" v Hilane Ltd (A2282/2013) [2013] ZAECPEHC 40

30 May 2013: Kalahari Mining Logistics (Pty) Ltd and Others v Wilest International Pvt Co. Ltd, In re: Wilest International Pvt Co. Ltd v A Cargo of 16892.78 Metric tons of Iron Ore Laden Abroad the MV "Hua Qiang" (A18/2013) [2013] ZAKZDHC 29)

27 May 2013: Oceantask Corp v mv "Venetia"™ and Others (A45/2013) [2013] ZAKZDHC 26

29 Apr 2013: Lorcom Thirteen (Pty) Ltd v Zurich Insurance Company South Africa Ltd (54/08) [2013] ZAWCHC 64

8 Mar 2013: Siino West Shipping Co Ltd v NYK- Hinode Line Ltd (A56/2012) [2013] ZAKZDHC 7

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

28 Jan 2013: Kumba Shipping Hong Kong Ltd v Prima Shipping Co Ltd and Another (AC47/2010) [2013] ZAWCHC 1


2012

13 Nov 2012: Grand Spartounta Incorporated and Others v TMT Bulk Corporation (A66/11) [2012] ZAKZDHC 75

15 May 2012: Modion Maritime Management SA v Admiralty Shipbrokers and Consultants (Pty) Ltd and Others(A30/2012) [2012] ZAKZDHC 29

30 Mar 2012: The owners of the MV 'Banglar Mookh'™ v Transnet Ltd (842/2011) [2012] ZASCA 57
SHIPPING AND NAVIGATION – collisions and limitation of liability generally – vessel under pilotage collided with harbour wall while entering harbour – plaintiff alleged gross negligence to avoid effect of s 9 of the South African Transport Service Act 1989 which exempts pilot from liability for loss or damage caused by negligent act or omission – trial judge found negligence but not gross negligence – Appeal Court held that the trial judge's conclusion that the pilot had been negligent was flawed by reason of his Honour's failure to consider or consider adequately the evidence which supported the pilot's version, his Honour having placed too much weight on the pilot's demeanour, and in accepting an expert's reconstruction of the accident that was based upon erroneous assumptions about the facts – where plaintiff also contended defence should have been struck out due to failure of the second of the National Ports Authority (responsible for the pilot) to maintain VTS records in accordance with an undertaking given by it – Appeal Court held that this was at most due to negligence and not any dishonesty or reprehensible conduct on the part of the defendant so it cannot be said that the trial was unfair

30 Mar 2012: Hentiq 1320 (Pty) Ltd v Mediterranean Shipping Company SA Geneva (166/2011) [2012] ZASCA 56
CARRIAGE OF GOODS – duties, rights and liabilities of carriers – whether carrier of mislabelled cargo liable to plaintiff that had purchased the cargo from a third party onseller – where plaintiff paid onseller despite being aware of the fraud and not being contractually bound to pay the onseller because cargo did not meet the contractual description – plaintiff felt it was morally bound to pay onseller because its contract was in substance a financing arrangement where the onseller provided credit to the plaintiff – Appeal Court held that there was no basis for holding that the relationship between plaintiff and onseller was not what it appeared to be, that is, it was structured as a sale – the principle that a party who pays damages to a party to whom it is liable can recover those damages from a person liable to it – see Biggin & Co Ltd v Permanite Ltd Berry Wiggins & Co Ltd [1951] 2 All ER 191 (CA) – did not apply


2011

25 Nov 2011: Plaus Shipping Ltd V Due Srl (A112/2011) [2011] ZAKZDHC 52
ADMIRALTY – arrest of sister ship under s 5(3) of the Admiralty Jurisdiction Regulation Act 1983 – whether the plaintiff's claim for costs following an arbitration in which the plaintiff had succeeded could be the subject of an arrest given the fact that the issue of costs of the arbitration had not yet been determined and the cost of an unsuccessful appeal by the defendant in the arbitration, although ordered, had not been quantified and the ship in respect of which the arbitration had been held had been sold prior to the arrest – held that the plaintiff had a right to security and hence the arrest would not be set aside

15 Sep 2011: Transnet Ltd v The Owner of the Alina II [2011] ZASCA 129

15 Jun 2011: Chevron South Africa (Pty) Ltd v Unical Calulo Bunker Services (Pty) Ltd and Another (AC 149/10) [2011] ZAWCHC 266
LIMITATION OF ACTIONS – admiralty jurisdiction, law and practice – where charter party terms incorporate the Hague-Visby Rules – where suit brought two months after the 12 month period applicable under the Hague-Visby Rules – where defendants did not mislead the plaintiffs in not alerting plaintiffs to the limitation period until its expiry despite the parties conducting discussions and enquiry into the damage claimed – where, although plaintiff was at fault, the consequences of barring its claim would be out of proportion to its fault – extension of time granted on the basis of undue hardship under s 8 of the Arbitration Act 42 of 1965 but only for the period it was not at fault in failing to institute proceedings

11 Mar 2011: Transnet Ltd t/a National Ports Authority v The MV Cleopatra Dream and Another (163/10) [2011] ZASCA 12
SHIPPING AND NAVIGATION – salvage – right to remuneration – where The International Convention on Salvage overridden by national law relating to salvage operations by public authorities – where a port authority was under a pre-existing statutory duty to provide salvage services – salvor has not established salvage services were rendered voluntarily or were out of the ordinary – salvor not entitled to payment for salvage services

22 Feb 2011: Mediterranean Shipping Company SA v Cape Town Iron & Steel Works (Pty) Ltd (A55/2007) [2011] ZAKZDHC 8; 2011 (2) SA 547 (KZD)


2010

09 Dec 2010: Golden Meats and Seafood Supplies CC v Best Seafood Import CC and Another (A167/10) [2010] ZAKZDHC 73; 2011 (2) SA 491 (KZD)

05 Nov 2010: International Underwater Sampling Ltd and Another v MEP Systems PTE Ltd (SA 2/2010) [2010] NASC 15

20 Oct 2010: Transnet Ltd v The Owner of the MV Alina II and Another (AC40/10) [2010] ZAWCHC 503

12 Oct 2010: The Owners of the MV Banglar Mookh v Transnet Ltd and Another (AC 100/2007) [2010] ZAWCHC 485

01 Sep 2010: MV IRAN DASTGHAYB Islamic Republic of Iran Shipping Lines v Terra-Marine SA (19/2010) [2010] ZASCA 118; 2010 (6) SA 493 (SCA) ; [2011] 1 All SA 468 (SCA)

31 Mar 2010: Admiralty Action in rem against the vessel "Harapan III" between Naval Services (1994) and Richard Barley, a representative of LCP Development Or such other Directors of LCP Development or any Other owners of the vessel "Harapan III" lying at Providence, Seychelles (110 of 2010) [2010] SCSC 59

16 Feb 2010: Pancoast Trading SA c Orient Shipping Rotterdam BV and Another 2010 ZAKZDHC 7

28 Jan 2010: Brobulk Lyd v Gregos Shipping Ltd and Other 2010 ZAKZDHC 2

22 Jan 2010: Transport Limited t/a National Ports Authority v The MV Cleopatra Dream and Another 2010 ZAWCHC 4

18 Jan 2010: Maree NO v Fund Constituted from the Proceeds of the Sale of the MV Madagascar and Other 2010 ZAKZDHC 6


2009

26 Nov 2009: Lauritsen Bulkers A/S v MV "Chenebourg"; Maple Maritime Inc v E.A.S.T. International Ltd (in liq.) [2009] ZAKZDHC 73

05 Nov 2009: Lamonica in re Baltic Reefers Management Ltd [2009] ZAWCHC 179

30 Oct 2009: Lykes Lines Ltd LLC v Vereeniging Meat Packers [2009] ZAKZDHC 48

29 Oct 2009: Terra Marine SA v MV Iran Dastghayb and Others [2009] ZAKZDHC 47

28 Oct 2009: TMT Bulk Co Ltd v Bunkers Laden Abroad [2009] ZAWCHC 158

26 Aug 2009: Owner of the Cargo Lately Laden on Board (The MV IOANNIS NK) v Giacosa and Others (Master and Crew of the MV IOANNIS NK) [2009] ZAWCHC 143

01 June 2009: Classic Sailing Adventures (Pty) Ltd v Representative of Lloyd's and Others (AC 38/2006) [2009] ZAWCHC 14


2008

23 Sep 2008: Asiatic Shipping Services Inc v Elgina Marine Company Ltd [2008] ZACSA 111 2009
The origin and meaning of the requirement in a security arrest in terms of s 5(3) of Act 105 of 1983 that there be a 'genuine and reasonable need for security'

30 Apr 2008: MT "Fotiy Krylov" v owners of the MT Ruby Deliverer (AC181/2006) [2008] ZAWCHC 104

01 Apr 2008: Progress Bulk Carriers Limited v Sylvia Shipping Company Limited and Another (AR 336/2007) [2008] ZAKZHC 29

27 Mar 2008: Transnet Ltd t/a National Ports Authority v Owner of the MV (250/07) [2008] ZASCA 27
Use of dry dock – does dock master contract or perform administrative function? – mora ex re – supervening impossibility – damages – general or special

27 Mar 2008: United Enterprises Corporation and Another v STX Pan Ocean Company Ltd (222/07) [2008] ZASCA 21
Shipping – application to set aside arrest – exceptio rei judicatae not available where previous arrest set aside because prima facie case not established – application for countersecurity – applicant must show genuine and reasonable need for security

04 Mar 2008: Qannas Shipping Company Limited and Another v Bulkship Union SA and Another (A74/2006) [2008] ZAKZHC 56

12 Feb 2008: MT "Fotiy Krylov" v Owners of the MT "Ruby Deliverer" (181/06) [2008] ZAWCHC 3

08 Jan 2008: Fino Maritime SA v Shipping Corporations of India Ltd and Another (A176/2004) [2008] ZAKZHC 14


2007

20 Mar 2007: Mediterranean Shipping Company (Pty) Limited v Tebe Trading (Pty) Limited [MSC Spain] (204/06) [2007] ZASCA 12; [2007] SCA 12 (RSA)
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

09 Mar 2007: Seagull Chartering and Operating Limited v MV Asean Sea 01 and Another (A32/2006) [2007] ZAKZHC 3
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

01 Mar 2007: United Enterprises Corporation and Another v STX Pan Ocean Company Limited [2007] ZAWCHC 12  
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

01 Jun 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)
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

13 Apr 2006: 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
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

24 Mar 2006: Adventure Catamarans Limited v Florida Marine Corporation (CAC33/05) [2006] ZAWCHC 2
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

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


2005

23 Nov 2005: International Marine Transport v MV "Le Cong" and Another (80/2005) [2005] ZASCA 106
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)

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

07 Jun 2005: MT Argun: Koval and Others v Fund Constituting the Proceeds of the Sale of the MT Argun and Others 2006 (1) SA 414
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

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

31 May 2004: MeihuizenFreight (Pty) Ltd v TransportesMaritimos de Portugal Lda and Others (150/2003) [2004] ZASCA63
Appeal – cargo loss – unseaworthiness of vessel – attachment to found or confirm jurisdiction - Admiralty Jurisdiction Regulation Act 105 of 1983 s 3(2) (b)

28 May 2004: Farocean Marine (Pty) Ltd v Malacca Holdings Ltd and Another (223/03) [2004] ZASCA 58
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)