Judgments 2019


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(*) Case Correction

  Citation & Summary
002 MV Seaspan Grouse: Seaspan Holdco 1 Ltd v MS Mare Traveller Schiffahrts GmbH (376/18) [2019] ZASCA 02 (1 February 2019)
Admiralty – s 3(4) of Admiralty Jurisdiction Regulation Act 105 of 1983 (AJRA) – in rem action based on in personam liability of owner of ship – arrest of associated ship – s 3(7) of AJRA requiring that associated ship be owned at commencement of action by person personally liable on claim – s 1(2) of AJRA – commencement of action date on which process instituting action served in terms of s 1(2)(a)(i).
Media Summary
01 Feb
001 Recycling and Economic Development Initiative of South Africa v The Minister of Environmental Affairs (1260/2017 and 188/2018) and Kusaga Taka Consulting (Pty) Ltd v The Minister of Environmental Affairs (1279/2017 and 187/2018) [2018] ZASCA 01 (24 January 2019)
Application to wind up solvent companies in terms of s 81 of Companies
Act 71 of 2008 (the 2008 Act); whether Minister of Environmental Affairs may invoke
s 157(1)(d) of the Act for standing in the public interest – whether ex parte proceedings and failure to disclose material facts warrants discharge of provisional orders – whether just and equitable for companies to be wound up.
Media Summary
24 Jan