MV ‘Shark Team’ v Tallman

The case arose from a fatal maritime accident on 13 April 2008 involving the shark-cage diving vessel MV ‘Shark Team’ off the coast near Gansbaai. While anchored and engaged in shark viewing operations, the vessel was struck by an unusually large swell which caused it to capsize. Most passengers and crew survived, but three tourists drowned, including Christopher Tallman. His widow, Sarah Tallman, instituted a maritime claim in the Western Cape High Court for damages for loss of support, alleging negligence on the part of the skipper, Grant Tuckett, and the vessel’s owner, White Shark Projects CC. The High Court found the skipper negligent for failing to keep a proper lookout and for not departing when sea conditions allegedly deteriorated, and held the defendants liable. The defendants appealed to the Supreme Court of Appeal.

The appeal was upheld with costs. The order of the Western Cape High Court was set aside and replaced with an order dismissing the plaintiff’s action, with the plaintiff ordered to pay the defendants’ costs, including the costs of two counsel and various expert witnesses.

This judgment is significant for South African admiralty and delict law as it clarifies the application of Aquilian negligence principles in a maritime context, particularly where specialised maritime skills are involved. It underscores that extraordinary natural events at sea do not automatically give rise to negligence and reiterates the importance of foreseeability assessed without hindsight. The case also illustrates the operation of the Admiralty Jurisdiction Regulation Act in determining applicable law and evidentiary rules.