MT Pretty Scene: Galsworthy Ltd v Pretty Scene Shipping SA and Another (684/2019) [2021] ZASCA 38 (12 April 2021)

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.