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High Court of South Africa KwaZulu-Natal, Durban

The KwaZulu-Natal Division of the High Court of South Africa is a superior court of law with general jurisdiction over the KwaZulu-Natal province of South Africa. The main seat of the division is at Pietermaritzburg, while a subordinate local seat at Durban has concurrent jurisdiction over the coastal region of the province.

3 judgments
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3 judgments
Citation
Judgment date
December 2010
Golden Meats and Seafood Supplies CC v Best Seafood Import CC and Another (A 167/2010) [2010] ZAKZDHC 73 (9 December 2010)
Reported
Arresting party must prove ownership of arrested cargo; surrender of bills and telex release did not prove transfer of ownership.
• Admiralty — Arrest in rem — Onus: arresting party must prove on balance of probabilities that arrested property belonged to alleged owner at time of arrest. • Bills of lading — Surrender/telex release at load port — May facilitate physical release but does not automatically effect transfer of ownership absent agreement or intention. • Sale of goods — Lex situs (South African) law governs transfer of ownership; mode of delivery determined by contract terms (CIF v non‑CIF).
 9 December 2010
Thompson v Federated Timbers and Others (17408/2009; 3984/2010) [2010] ZAKZDHC 72 (8 December 2010)
Insured’s failure to notify insurer of an incident when reasonably possible justified insurer’s avoidance of indemnity.
Insurance law – claims-made public liability cover – notification clause (clause 6(a)(i)) – meaning of "event" as underlying incident – timing of "as soon as reasonably possible"; insured’s knowledge or what a reasonable insured would have appreciated; insurer entitled to avoid for failure to notify.
 8 December 2010
FirstRand Bank Ltd t/a First National Bank v Naidoo (3869/2010) [2010] ZAKZDHC 71 (7 December 2010)
Provisional sequestration granted where prima facie insolvency and a not-too-remote prospect of benefit to creditors were shown.
Insolvency — Provisional sequestration — s10 Insolvency Act — requirement of prima facie claim, insolvency/act of insolvency and reasonable prospect of advantage to creditors; substantial compliance with s9(4)(A)(b) — trusts, company drawings and beneficial interests may justify provisional sequestration.
 7 December 2010