Share

Transnet fights court battle in three countries

Transnet has become involved in a court battle in three different countries after a ship collision in ­­Durban Harbour caused almost R270m worth of damage.

The freight ship Julian entered the harbour on April 30 with the help of two of Transnet’s tugboats and a harbour pilot. The ship collided with the quayside and a bulk loading appliance.

The damage to the ship amounts to about R3.9m. The damage to the loading appliance is about R269m and the damage to the quayside wall amounts to R250 000, according to a judgment in the Durban High Court.

Almost all of the parties are now involved in a fight in court over who should pay for the damages.

Transnet, the owner of the harbour property, has sued the owner and the bareboat charterer of the ship for the damages to the dock.

Bulk Connexions, the operator of the terminal that the loading appliance forms a part of, has in turn sued the owner and bareboat charterer of the ship in courts in Germany and Hong Kong for their damages.

Dutch company Schiffahrtsgesellschaft mbH & Co is the owner of the ship. Fortysixth Phoenix Shipping, a Liberian company, is the charterer of the vessel. They are holding Transnet responsible for the damage due to the harbour pilot and the tugboat crew’s alleged negligence.

The owner and the charterer of Julian wanted the court to grant an order in terms of the Merchant Shipping Act confirming that their liability was limited.

According to the act, if damage is incurred without any fault on the part of the owner of the ship, the owner will not be liable for damages in respect of loss or damage to property or rights to an aggregate amount exceeding 66.67 special drawing rights for each ton of the ship’s tonnage.

The applicants have asked the court to apply this limitation against Bulk Connexions.

Bulk Connexions, which is situated in Durban, has, however, said that it would not sue the applicants in a South African court, but in a foreign court, where there was a greater limitation applicable.

Bulk Connexions said that there was fault on the part of the applicants, which led to the ­accident.

The high court said Bulk Connexions was not a claimant in South Africa, so the limitation of liability could not be applicable to it.

A court in Hong Kong or Germany could determine if they would apply the South African limitation of liability, the court ruled.

* Sign up to Fin24's top news in your inbox: SUBSCRIBE TO FIN24 NEWSLETTER

We live in a world where facts and fiction get blurred
Who we choose to trust can have a profound impact on our lives. Join thousands of devoted South Africans who look to News24 to bring them news they can trust every day. As we celebrate 25 years, become a News24 subscriber as we strive to keep you informed, inspired and empowered.
Join News24 today
heading
description
username
Show Comments ()
Rand - Dollar
18.96
-0.3%
Rand - Pound
23.91
-0.1%
Rand - Euro
20.48
-0.1%
Rand - Aus dollar
12.34
+0.1%
Rand - Yen
0.13
-0.2%
Platinum
896.95
-1.0%
Palladium
1,000.11
-0.2%
Gold
2,194.20
-0.0%
Silver
24.51
-0.6%
Brent Crude
86.09
-0.2%
Top 40
68,007
+0.5%
All Share
74,221
+0.4%
Resource 10
56,323
+1.2%
Industrial 25
103,552
+0.3%
Financial 15
16,559
+0.2%
All JSE data delayed by at least 15 minutes Iress logo
Company Snapshot
Editorial feedback and complaints

Contact the public editor with feedback for our journalists, complaints, queries or suggestions about articles on News24.

LEARN MORE
Government tenders

Find public sector tender opportunities in South Africa here.

Government tenders
This portal provides access to information on all tenders made by all public sector organisations in all spheres of government.
Browse tenders