Case No 107/97
																						REPORTABLE

IN THE SUPREME COURT OF APPEAL OF SOUTH AFRICA

In the appeal between:

TRADAX OCEAN TRANSPORTATION SA				Appellant

and

mv “SILVERGATE” PROPERLY DESCRIBED AS
mv “ASTYANAX”							 First	Respondent

ASTYANAX COMPAÑIA NAVIERA SA			Second Respondent

GARDENIA MARITIME INC					   Third Respondent

Coram	:  Nienaber, Marais, Plewman, Streicher JJA et Farlam AJA

Heard	: 1 & 2nd March 1999

Delivered	: 28 May 1999

_____________________________________________________________________
JUDGMENT ON   CROSS-APPEAL
_____________________________________________________________________

	

									 FARLAM    AJA/...

FARLAM AJA:

[1]		In this matter, in which judgment was delivered dismissing the main appeal on 24 May 1999, the third respondent cross-appealed against the failure of the learned judge in the court a quo to award it the qualifying fees of its three expert witnesses, Mr Tasiopoulos,  Mr Verhoeven and Mr Nakazawa.
[2]		I am satisfied that the judge’s failure to award the qualifying expenses was due to an oversight. Third respondent was clearly entitled to an order awarding it the qualifying expenses and the appellant does not oppose the cross- appeal.
[3]		The following order is made on the cross-appeal:		
	“1.	The cross-appeal is allowed with costs.

	 2.	The order made by the court a quo is varied by the addition after the words “two counsel” of the following:

			‘and the qualifying fees and expenses of the expert witnesses Tasiopoulos, Verhoeven and Nakazawa’.”

								I G FARLAM
							ACTING JUDGE OF APPEAL

NIENABER	JA)
MARAIS		JA)
PLEWMAN	JA)     - Concur
STREICHER	JA)