Farocean Marine (Pty) Ltd v Malacca Holdings Ltd and Anr - Supreme Ct (Marais, Scott, Farlam, Cloete JJA and Patel AJA) - 28 May 2004

Admiralty jurisdiction - Attachment to found or confirm jurisdiction - Claimant uncertain whether other contracting party contracted as principal or agent - Whether jurisdiction to permit joinder of defendants in the alternative - Nature of prima facie case - Exercise of discretion - Section 5(1) Admiralty Jurisdiction Regulation Act of 1983

Farocean were yacht and shipbuilders in Capetown. Farocean alleged that the second respondent ("R") concluded an agreement with Farocean whereby Farocean agreed to carry out the rebuilding and refit of the vessel Summit One. The relevant discussions were between Farocean and R, and Farocean believed that R was the owner of the Summit One. When R failed to pay for work done to the vessel Farocean caused the vessel to be arrested in pursuance of an action in rem. The outstanding amount was paid to Farocean, which continued working on the vessel.