571. Tebtale Marine Inc v MS Mare Traveller Schiffahrts GMBH & Co KG (the “Mare Traveller” and the “Mount Meru”) 2018 (2) SA 490 (WCC)

Protective writ set aside on basis that vessel no longer owned by entity liable

The facts

Creditors of Hanjin Shipping issued protective writs out of various South African courts against more than 70 Hanjin beneficially owned ships to facilitate their arrest in rem, as associated ships, when they called at local ports.

Tebtale, owners of Mount Meru, one of the vessels affected, applied to have her removed from the list.

Tebtale had purchased the Mount Meru after the issue of the writs and were not liable in personam to the particular creditor in question.

The Mount Meru found its way onto the list as a ship associated with the Mare Traveller, the vessel against which the creditor had a claim in personam.

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