Magat & Ors. v. MV Houda Pearl, 1982 (2) S.A. 37 (Friedman J.)

Action by seamen against vessel owner for wages - Nature of Court’s discretion to refuse to exercise jurisdiction

The plaintiff seamen (11 of whom were citizens of the Philippines and 1 of whom was a citizen of Thailand) brought actions against the owner of the Cyprus registered vessel Houda Pearl in the South African Courts. The vessel was arrested in Durban harbour on 7 March 1980 and was released against security on 14 March 1980. On 15 March 1981 the owner of the Houda Pearl applied to the Court to dismiss the action, against the owner’s submitting to the jurisdiction of the courts of Cyprus and furnishing security to the plaintiffs in Cyprus equivalent to the security furnished by it in the present action.