-
Sinking of the “Geo Searcher”: We represented the owners and insurers of the “Geo Searcher” that sank off Tristan da Cunha in October 2020.
-
Collapse of container stack: We were appointed by the vessel’s charterers and P&I insurers during 2020, to investigate the collapse of a container stack and loss of containers overboard that had occurred while the vessel was at sea and to assist the vessel when she called at South Africa.
-
Fire on board a container vessel: During 2020, we attended on behalf the owners and insurers of a container vessel that called at South Africa following a fire on board, to manage access and investigate the incident.
-
Cruise ship passengers: In March 2020, on the eve of South Africa’s first Covid-19 lockdown, we represented the owners and P&I insurers of a cruise ship in extensive discussions and negotiations with local authorities and national government stakeholders, to enable the disembarkation and repatriation of 1200 passengers and crew on board.
-
Mortgage foreclosures and judicial sales in South Africa: We regularly act for mortgagee banks, ship financiers and vessel creditors in the arrest and subsequent judicial sales of vessels in South Africa, recently including the “Cape Providence”, “Advantage Sky”, “Schliemi Rickmers” and “Pretty Scene”. In 2020, Andrew Pike and Lana Stockton acted for the mortgagee in the sale of the “Cape Providence” by public auction. Also in 2020 Craig Cunningham and Lana Stockton advised the owners of the “Advantage Sky” which had been arrested and Andrew Pike advised the eventual purchasers of the vessel.
-
Mortgage foreclosures and judicial sales in Namibia: Since 2016, we have represented a number of international banks and ship financiers in more than ten vessel foreclosures in Namibia, resulting in the arrest of the vessels in Walvis Bay and subsequent judicial sales by public auction and private treaty, as ordered by the Namibian High Court. Recently these included the “Halani 1”, “DSH 1”, “Venture”, “Emre-T” and “Lewek Teal”.
-
LCIA arbitration: In 2020, we successfully concluded the hearing of a commodities quality dispute that had been referred to arbitration before the London Court of International Arbitration (LCIA). The matter involved two hearings, one of which was held in person in London and the other virtually across multiple jurisdictions during the Covid-19 lockdown.
-
Main engine breakdown at Cape Town: During 2019, we represented the P&I insurers and owners of a vessel that suffered a main engine breakdown in the south Atlantic and put into Cape Town to carry out investigations. The vessel was fully laden with a perishable cargo. Given the severity of the situation, the cargo had to be transhipped to another vessel in the middle of the port under highly complex and contentious circumstances.
-
Seaspan Holdco 1 Ltd vs Mare Traveller Schiffahrts GmbH 2019 (4) SA 483 (SCA): The “Seaspan Grouse” matter arose from the financial collapse of Hanjin Shipping in 2017 which sent shockwaves through the industry. The nub of the South African litigation was the legal validity of issuing “protective” writs of arrest to preserve claims in rem against an associated ship notwithstanding a later change of ownership of Hanjin controlled vessels. During 2019, the team successfully represented the owners in the Supreme Court of Appeal in having the writs set aside, making new law in the process. The judgment (available here) will have an impact on maritime creditors, ship owners and insurers alike.
-
Afgri Grain Marketing (Pty) Ltd v Trustees for the time being of Copenship Bulkers A/S (in liquidation) and Others [2019] 3 All SA 321 (SCA): In the “Fonarun Naree” matter, we represented the first, second and third respondents before the Supreme Court of Appeal in 2019. The original arrest order was set aside and the test for “genuine and reasonable need” expanded upon and clarified by the court. The judgment is available here).
-
LMAA arbitration: In 2018 and 2019, we represented an oil major in LMAA arbitration proceedings brought by disponent owners claiming demurrage and ancillary costs caused by delay in offloading a cargo of fuel oil.
-
Towage incident off Cape Town: In 2018, we represented the owners of a tug in connection with a towage charter of a distressed vessel that had encountered difficulties off Cape Town. We were engaged in complex and time critical negotiations with various interested parties including the local port authorities and the South African Maritime Safety Authority, which ultimately led to the resolution of the matter.
-
Fire on board the “APL Austria”: We represented one of the slot charterers of the container vessel “APL Austria” and their P&I insurers, assisting with investigations and gathering evidence following a fire on board in 2017 while the vessel was en route to Cape Town.
-
Off-spec cargo shipped from Maputo, Mozambique: We represented the voyage charterers and sellers of a bulk cargo found to be off-spec after it had been loaded on board at Maputo, Mozambique. We conducted an extensive investigation into the incident, including interviews with witnesses and collating and analysing documentary evidence. In addition to legal advice in respect of a potential indemnity claim against the loading terminal, we were able to provide clients with a comprehensive analysis of risk mitigation strategies which could be employed in the future.
-
Incident involving the “HS Rossini” and the “MSC Susanna” at Durban: We represented the owners and underwriters of the “HS Rossini”, allegedly struck by the “MSC Susanna” when she (the “MSC Susanna”) broke free from her moorings at the adjacent berth during inclement weather in Durban Harbour on 10 October 2017.
-
Bill of lading advice: During 2016, we assisted a well-known fashion retailer in resolving a dispute in connection with the sale and release of containerised goods from China to the client under highly pressurized circumstances. The clothing was needed to stock the client’s outlets within a narrow window. The legal issues covered carriage of goods by sea and bills of lading and involved multiple parties in the shipping chain. Ultimately, the initiation of court proceedings by Bowmans yielded a successful outcome for the client.
-
Collision between the “Sunrise Jade” and the “Lezandi”: We represented owners and insurers of the “Sunrise Jade” following a collision with the fishing vessel “Lezandi” off Cape Point, South Africa in January 2016. Our assistance included facilitating the investigation, retaining experts, taking statements, collecting and preserving evidence, liaising with the local safety authority and running substantive trial proceedings instituted by the owners and operators of the “Lezandi”.
-
Various claims involving shipments of maize from Central America: We represented the owners and insurers of several vessels carrying maize cargoes into various ports in Southern Africa from Central America in 2015 and 2016. On arrival the cargo was found to have been wet damaged and mouldy over the entire surfaces, and faced rejection in full by health authorities and receivers. Our attendances included guiding preliminary investigations, advising throughout prolonged sorting of the cargo and ultimate discharge of condemned cargo for destruction and sound cargo for delivery, advising on security issues, as well as acting for owners in ensuing litigation.
-
Owners of the MV Silver Star v Hilane Ltd 2015 (2) SA 331 (SCA): We represented Hilane Limited in arresting the “Silver Star” as an associated ship in Port Elizabeth, South Africa during August 2013. The defendant owners of the “Silver Star” unsuccessfully challenged the basis for the associated ship claim. The Supreme Court of Appeal judgement (available here) was handed down on 28 November 2014 and contains a concise summary of the current test for association under South African law.
-
OW Bunkers: We represented owners and insurers of the “Privgulf”, a vessel arrested in rem and as an associated ship of another on 4 September 2015, by ING Bank as cessionary of claims by OW Bunkers for bunkers supplied by third parties in Greece and China. Owners applied to join the physical suppliers to the action instituted by ING with a view to requesting the court to make a determination as to whether payment should be made to ING or the physical suppliers on the basis inter alia that it would be iniquitous to make payment to both.
-
Fire on board the “Maersk Londrina”: We represented slot charterers and their insurers following an explosion and fire aboard the container ship “Maersk Londrina” off Port Louis, Mauritius on 25 April 2015 and subsequent dealings with vessel and cargo in the port of refuge at Ngqura (Coega), South Africa. Our involvement included advising on issues relating to access to vessel and cargo as well as providing customs and excise advice.
-
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 [2015] ZAKZDHC 32: We successfully represented the applicant, LBH Mozambique, in attaching a cargo of chromite ore concentrates for agency claims against the owners of the cargo (who were placed in liquidation) and subsequent litigation relating to claims submitted against the fund arising out of the sale of the cargo, culminating in a reported judgement (available here) on 25 March 2015.
-
Vessel touched the bottom of Berth 15 at the port of Maputo, Mozambique: We represented the charterers of the vessel, the “Dubai Sun”, which touched the bottom of Berth 15 at the port of Maputo, Mozambique while loading a cargo of chrome. The charterers successfully sued the Maputo Port Development Corporation (MPDC – the Port Authority) in the Maputo High Court. Judgement was handed down in March 2015. It was particularly heartening to note the independence of the Mozambique Court and its willingness to give a judgment in favour of a foreign entity against a partially State-owned local entity. Our related newsflash can be found here.
-
Potential pollution incident at the SBM at Dar es Salaam, Tanzania: We represented the owners and P&I insurers of a tanker involved in a potential pollution incident at the SBM at Dar es Salaam, Tanzania. Our involvement included attending on-board at short notice in order to investigate the surrounding circumstances, taking statements and assisting with any legal issues that might have arisen including local legal issues, in conjunction with our Dar es Salaam office.
-
Fire on board the “Tai Shan”: We represented the owners and insurers of the car carrier “Tai Shan” following a fire on board the vessel off the coast of Durban on 2 July 2014. Our assistance included facilitating the investigation, retaining experts, taking statements and collecting and preserving evidence.
