South Africa: Supreme Court of Appeal considers Merchant Shipping Act warranty

On May 8 2005 the fishing trawler Lindsay collided with the bulk carrier Ouo do Brasil a few miles off the coast near Cape St Francis, South Africa. The fishing trawler capsized and sank soon after the collision. Fourteen crew members lost their lives in the tragedy, which prompted a lengthy Court of Marine inquiry.rnrnThe tragedy also resulted in litigation between the owner of the Lindsay (Viking Fishing) and its hull underwriters (Mutual & Federal) arising from repudiation of the claim for loss of the trawler.

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