South Africa: Supreme Court of Appeal considers Merchant Shipping Act warranty

On May 8 2005 the fishing trawler Lindsay collided with the bulk carrier Ouo do Brasil a few miles off the coast near Cape St Francis, South Africa. The fishing trawler capsized and sank soon after the collision. Fourteen crew members lost their lives in the tragedy, which prompted a lengthy Court of Marine inquiry.rnrnThe tragedy also resulted in litigation between the owner of the Lindsay (Viking Fishing) and its hull underwriters (Mutual & Federal) arising from repudiation of the claim for loss of the trawler.

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South Africa: Shipwreck treasure – who gets the loot?

Ever wandered along the Durban beachfront with a metal detector hoping to strike it lucky? Or dived down to an old wreck hoping to discover a treasure trove? With South Africa’s history of some 3 000 wrecks along our treacherous coastline, such hopes are not outside the realm of possibility and raise various issues in regard to ownership, possession, access to the vessel and treasure, as well as concerns over preservation and tax or duty payable on the treasure found.

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