The owner’s (ie the carrier’s) agent in issuing the bills It was in terms of this clause that the appellant acted directly as Their agents are hereby authorized by Owners to sign on Masters’ Stamp’ bills of lading on behalf of its principal ‘and/or the Typically the acceptance of bookings and the marketing of its Is governed by a written agency agreement, a copy of which wasĪdmitted in evidence. Some of the vessels in the fleet others it operates in pursuance of The latter operates a large and well-known fleet. Mediterranean Shipping Company SA (hereinafter referred to as ‘MSC Ships’ agent in South Africa for the Geneva registered company, The appellant is a South African company. In delict was founded upon the alleged negligent failureĪppellant to advise Tebe of a delay in the commencement of the voyageĪnd a change in the proposed route of the vessel to Misconceived the appellant acted at all times as an agent. Tebe sued theĪppellant both in contract and delict. The ports of discharge the litchis were found to have deterioratedĬonsequence of a delay in the completion of the voyage. The bills of lading were issued by the appellant asįor the carrier, being the owner of the vessel. Jebel Ali, Dubai, the other, to Damman, Saudi Arabia, pursuant to theĬompany which carries on business at Durban as an exporter interĪlia of perishable fresh fruit to the Middle East. The case concerns two containers of litchis shipped onīoard the vessel, MSC Spain, at Durban for carriage, one, to The judgment of the full court is reported at 2006 (4) This is an appeal, with special leave, from the judgment of theįull court of the Pietermaritzburg High Court exercising itsĪdmiralty jurisdiction which upheld an appeal from a decision ofĬombrinck J, who had absolved the defendant, now the appellant, The opportunity of removing perishable cargo from ship if bill of Shipper (or consignee) of proposed deviation so as to ĬORAM: SCOTT, FARLAM, CLOETE, LEWIS et CACHALIAĪgent of carrier and shipping line has no legal duty to inform THE SUPREME COURT OF APPEAL OF SOUTH AFRICA Mediterranean Shipping Company (Pty) Ltd.
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