Meihuizen Freight (Pty) Ltd v Transportes Maritimos De Portugal LDA and Ors - Supreme Court (Marais, Scott, and Farlam JJA, Jones and Ponnan AJJA) - 31 May 2004

Admiralty jurisdiction - Attachment of money in bank account of third party to found or confirm jurisdiction in maritime claim against party on whose behalf money received by third party as agent to receive payment - Whether attachment permissible

The appellant ("Meihuizen") was the ship and cargo agent in South Africa for the first respondent ("TMP"). TMP was a Portuguese company based in Lisbon and was the owner of the vessel TMP Sagittarius. The second respondent ("Maviga"), an English commodity trading company, contracted in Capetown with TMP for the carriage of a cargo of white maize from Durban to Lobito, Angola. The vessel grounded near Lobito and her cargo was lost. Maviga contended that the loss of the cargo was caused by the unseaworthiness of the vessel, and that TMP was liable in personam to it for the value of the cargo by reason of its breach of the contract of carriage to which the Hague-Visby Rules were applicable.