SEA MELODY ENTERPRISES S.A. v. BULKTRANS (EUROPE) CORPORATION (THE “MERAK S”)

[2002] 2 Lloyd's Rep. 287

SOUTH AFRICASUPREME COURT OF APPEAL

Before Hefer A.P., Nienaber, Farlam, Mpati JJ.A. and Lewis A.J.A.

Admiralty practice - Arrest of vessel - Security for release - Breach of charter-party - Vessel arrested - Bank guarantee provided for release of vessel - Application to reduce amount of security and to ask for respondent to provide security on counterclaim - Whether Court had jurisdiction to grant such application - Whether securing of a counterclaim in proceedings before a foreign tribunal a condition that might be imposed by Courts - Admiralty Jurisdiction Regulation Act, 105 of 1983, s. 5(3).