Transnet Ltd v The Owner of the MV ‘Alina II’

Transnet Ltd, the port authority at Saldanha Bay, claimed damages arising from the prolonged occupation of a berth by the bulk carrier MV Alina II after the vessel suffered structural damage while loading iron ore. Transnet arrested the vessel in actions in rem based on the alleged personal liability of the owner in contract and delict. The owner entered appearance to defend the in rem actions and took various procedural steps. Thereafter, Transnet sought and obtained an ex parte attachment of the same vessel ad fundandam et confirmandam jurisdictionem to found jurisdiction for an action in personam against the owner in respect of the same claims. The owner opposed confirmation of the attachment, arguing that it was an abuse of process and impermissible because the owner had already submitted to the jurisdiction of the South African court.

The appeal was dismissed with costs, and the order of the Western Cape High Court setting aside the attachment was upheld.

This case is a leading South African authority on submission to jurisdiction in admiralty proceedings. It clarifies that a vessel owner who enters appearance and defends an action in rem based on alleged personal liability submits to the jurisdiction of the South African court for purposes of an action in personam on the same claims. The decision reinforces limits on the use of attachments ad fundandam et confirmandam jurisdictionem and provides important guidance on admiralty practice and jurisdictional strategy.