Admiralty jurisdiction regulation act 105 of 1983 pdf files

In this dissertation, the issue that is considered is whether or not the provisions of section 37aii read with section 37bi of the admiralty jurisdiction regulation act 105 of 1983 the act constitute an arbitrary deprivation of a minority shareholders property because they permit the deprivation of minority shareholders property interests purely on the basis of common control. The practice and jurisdiction of the court of admiralty. The act was mentioned in articles concerning court proceedings dated 1973. Admiralty jurisdiction act an act relating to the admiralty jurisdiction of the high court commencement. Admiralty jurisdiction regulation act 105 of 1983 page. Admiralty jurisdiction regulation act 105 of 1983 is a unique legal institution in the world of. This act may be cited as the admiralty jurisdiction act. Subsection 221 is a general grant of concurrent jurisdiction to hear and determine any case in which a claim for relief is made or a remedy is sought under or by virtue of canadian maritime law. The act was repealed in south africa by the admiralty jurisdiction regulation act 105 of 1983 rsa gg 8891, which was not made applicable to south west africa. Lien act10 make no reference to admiralty jurisdiction. A practical overview on enforcement and defense of maritime. In this dissertation, the issue that is considered is whether or not the provisions of section 37aii read with section 37bi of the admiralty jurisdiction regulation act 105 of 1983 the act constitute an arbitrary deprivation of a minority shareholders property because they permit the deprivation of minority shareholders property interests purely on the basis of common control by the majority shareholder. Admiralty wex us law lii legal information institute. There are accordingly, in total, four applications before this court.

Accordingly, this court called upon the parties to file written argument on. Admiralty jurisdiction regulation act 105 of 1983 afrikaans text signed by the state president as amended by admiralty jurisdiction regulation amendment act 87 of 1992 general law amendment act 9 of 1992 wreck and salvage act 94 of 1996 south african maritime safety authority act 5 of 1998 sea transport documents act 65 of 2000. It includes any amendment affecting the compiled act to that date. Steering you in the right direction a practical overview. As a result of the admiralty jurisdiction regulation act, a foreign claimant is allowed access to the south african court in admiralty and for the first time an asset situated within the jurisdiction would be sufficient to found the jurisdiction of the court in an action between two foreigners. The associated ship and south african admiralty jurisdiction. Admiralty jurisdiction act chapter a5 laws of the federation of nigeria 1 extent of the admiralty jurisdiction of the federal high court. S 3 amended by sea transport documents act 65 of 2000 from 20 jun 2003. The admiralty and maritime jurisdiction of the united states extends to and includes cases of injury or damage, to person or property, caused by a vessel on navigable waters, even though the injury or damage is done or consummated on land. The position, prior to the enactment of our admiralty jurisdiction regulation act, act 105 of 1983 the admiralty act, was that english statutes pertaining to admiralty matters as at 1891 had force of law in south africa and our courts ought to, although they did not always, apply english admiralty law as developed by the english courts and the privy council. Admiralty jurisdiction regulation act 105 of 1983 south african. Admiralty and maritime law federal judicial center.

Do the provisions of section 37aii read with section. It was this subsection that the court considered in the heavy metal. Admiralty jurisdiction admiralty court admiralty law. To vest the powers and jurisdiction of the admiralty courts of the republic in the provincial and local divisions of the supreme court of south africa. Classically, maritime law was a species of commercial law, and in. Section 22 of the federal courts act is the primary source of the federal courts admiralty jurisdiction. In south african law jurisdiction or the power vested in a. State courts can decide admiralty cases if the remedy being sought was available under common law.

Although admiralty shares much in common with the civil law, it is separate from it. Common law does not act as binding precedent on admiralty courts, but it and other law may be used when no law on point is available. For that reason, and for the benefit of those who have not yet focussed on this. Section 1 of the admiralty jurisdiction regulation act, 1983 act no. Effect of admiralty jurisdiction extension act admiralty. The field of admiralty and maritime law covers a broad range of subjects and has its own rules relating to jurisdiction and procedure.

It includes any matter or proceeding under or by reference to any of the following acts and regulations admiralty act 1988 cth and admiralty rules. Admiralty jurisdiction law courts of admiralty act of 1890. In south african law jurisdiction or the power vested in a court by law to from lml 4810 at university of south africa. Admiralty jurisdiction regulation act 5 of 1972 namibia. In terms of section 31 of the executive powers transfer general provisions proclamation, ag. While each legal jurisdiction usually has its own legislation governing maritime matters, the.

Amended by judicial matters amendment act 66 of 2008 from 17 feb 2009. Admiralty jurisdiction regulation amendment act 87 of 1992. The admiralty and maritime work of the court is not limited to proceedings under the admiralty act 1988 cth. Proposed amendment to section 6 of act 105 of 1983 memorandum i introduction 1 any amendment of s 6 of the act will have farreaching effects on the practice and development of admiralty law in the republic. Admiralty jurisdiction free download as powerpoint presentation. The colonial courts of admiralty act, 1980 was repealed in so far as it applies in relation to the republic, except in so far as it relates to prize matters, by the. Section 22 of the colonial courts of admiralty act, 1890 makes the. Admiralty jurisdiction regulation act, 1983 namiblii namibia. The us constitution gives power to the federal district courts to hear admiralty cases. The course covers current admiralty practice in south africa, including the courts admiralty jurisdiction and their powers to decline to exercise that jurisdiction. Whilst the promulgation of the admiralty jurisdiction regulation act 105 of 1983.

Overview of admiralty maritime law march 15, 2004 2nd of 4 parts page 3 of 18 rem is one taken directly against property, and has for its object the deposition of property, without reference to the title of individual cl aimants. Organisation of the federal courts admiralty jurisdiction. This is a compilation of the admiralty act 1988 as amended and in force on 1 july 20. Admiralty jurisdiction regulation act 105 of 1983 south. The associated ship and the jurisdiction to arrest such a ship created in terms of the admiralty jurisdiction regulation act 105 of 1983 is a unique legal institution in the world of maritime law and jurisdiction. Australian maritime safety authority act 1990 cth and regulations thereunder. What is the law to be applied to a contract of marine insurance in terms of section 61 of the admiralty jurisdiction regulation act 105 of 1983. Effect of admiralty jurisdiction extension act the admiralty jurisdiction extension act provides that admiralty jurisdiction of the federal district courts extends to include all cases of damage or injury to person or property caused by a vessel on navigable waters, notwithstanding that such damage was done or consummated on land. Section 37bii of the admiralty jurisdiction regulation act, no 105 of 1983 provides that a person shall be deemed to control a company if he has power, directly or indirectly, to control the company. Jurisdiction act, the admiralty jurisdiction extension act, or simply the extension act. Admiralty law consists of both domestic law on maritime activities, and private international law governing the relationships between private parties operating or using oceangoing ships.

Jurisdiction of courts of law and equity not taken away. Admiralty jurisdiction regulation act 105 of 1983 is a unique legal institution in the. Admiralty law or maritime law is a body of law that governs nautical issues and private maritime disputes. The course traces the history of admiralty jurisdiction from its origins in english law to the enactment of the admiralty jurisdiction regulation act, 1983. Admiralty jurisdiction regulation act south african government. Admiralty jurisdiction regulation act 105 of 1983 which was not made applicable to south west africa. The associated ship and the jurisdiction to arrest such a ship created in terms of the. With the judiciary act, though, congress placed admiralty under the jurisdiction of the federal district courts. A brief historical overview of south african maritime law. Admiralty jurisdiction regulation act 5 of 1972 rsa. There may have been updates since this file was created. Two separate actions and applications have been instituted in respect of mv belita and one in respect of the mv taisetsu. Under a 1789 act of congress, state courts were authorized to decide many, but not all, types of maritime cases.