Bocimar NV v Kotor Overseas Shipping Ltd - Appellate Division (Corbett CJ, Joubert, Goldstone and Nienaber JJA and Kriegler AJA) - 9 March 1994 (1994) (2) SA 563(A)

Application for security arrest of vessel - Standard of proof required for obtaining order for arrest

In this case, the Appellate Division held that where a party applied for a security arrest of a ship under section 5(3) of the Admiralty Jurisdiction Regulation Act 105 of 1983 as amended by the Admiralty Jurisdiction Regulation Amendment Act 87 of 1992, the applicant had to establish that he had a claim enforceable by an action in rem against the ship in question or against a ship of which the ship in question was an associated ship, or that he had a claim enforceable by an action in personam against the owner of the ship concerned or against the owner of the ship in relation to which the ship in question was an associated ship.