Credit Europe Bank NV v Fund Comprising Proceeds of Sale of "MV Tarik III" and Others (1294/2021) [2022] ZASCA 136 (13 October 2022)

Shipping – Admiralty Jurisdiction Regulation Act 105 of 1983 – when an agreement that has been admitted or proved is said to have been terminated – onus of proof on party asserting termination – fund constituted from judicial sale of vessel – claims against fund – whether right to claim dependent upon claimant having effected an arrest of the vessel prior to its sale.