- Flynote
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Arrest of an associated ship in terms of ss 3(6) and (7) of the
Admiralty Jurisdiction Regulation Act 105 of 1983 (the AJRA) – defect in summons not justifying the setting aside of a warrant of arrest –procedural requirements of Admiralty Rule 4 – requirements for a summons in terms of Admiralty Rule 2(1) – Practice Directive 27 of the KwaZulu-Natal Division of the High Court – summons only required toset out a clear and concise statement of the claim – does not require same detail as a pleading. Association – provisions of s 3(7)(c) of the AJRA – charterer deemed to be the owner of the ship concerned when the claim in issue arose – immaterial whether charterer no longer the charterer at that time. When does a claim arise – in case of a claim on an arbitration award claim inextricably linked to underlying maritime claim – claim arises when the underlying claim arose. Second arrest in anticipation of first arrest being set aside – such an arrest permissible – not barred by s 3(8) of AJRA – proper interpretation of that section.
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Cited documents 9
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Legislation 1
1. | Superior Courts Act, 2013 | 1696 citations |