Qannas Shipping Co Ltd and Anr v Bulkship Union SA and Anr (The “Cape Courage”) – High Court of South Africa (Durban and Coast Local Division) (Balton J) – 4 March 2008
Admiralty jurisdiction – Sale of ship – Buyer alleging breaches of sale contract and misrepresentations – Buyer commencing London arbitration proceedings – Buyer arresting “associated ship” in South Africa as security for claims in London arbitration – Whether buyer’s claims against seller arose before transfer of ownership of vessel – Whether arrest of “associated ship” should be set aside
Disputes arose out of the contract of the sale of the vessel Pearl of Fugairah under a Memorandum of Agreement governed by English law. The MOA was concluded on 7 September 2005. On 18 October 2005 the seller served the Notice of Readiness. The sale was completed by delivery of the vessel and the original bill of sale to the buyer against payment of the balance of the purchase price on 20 October 2005.
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Michael Daiches, Barrister
Jun 18 2008
