SEASPAN HOLDCO 1 LTD VS MARE TRAVELLER SCHIFFAHRTS GMBH 2019 (4) SA 483 (SCA)
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.