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[1999] ZASCA 31
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Tradax Ocean Transportation SA v mv 'SILVERGATE' Properly Described as mv 'ASTYANAX' and Others (2) (107/97) [1999] ZASCA 31; [1999] 3 All SA 175 (A) (24 May 1999)
Case
No 107/97
REPORTABLE
IN
THE SUPREME COURT OF APPEAL OF SOUTH AFRICA
In
the appeal between:
TRADAX
OCEAN TRANSPORTATION SA
Appellant
and
mv
“SILVERGATE” PROPERLY DESCRIBED AS
mv
“ASTYANAX”
First Respondent
ASTYANAX
COMPAÑIA NAVIERA SA
Second
Respondent
GARDENIA
MARITIME INC
Third
Respondent
Coram
:
Nienaber, Marais, Plewman, Streicher JJA
et
Farlam AJA
Heard
:
1 & 2nd March 1999
Delivered
:
28 May 1999
_____________________________________________________________________
JUDGMENT
ON
CROSS-APPEAL
_____________________________________________________________________
FARLAM
AJA
/...
FARLAM
AJA
:
[1] In this matter, in which
judgment was delivered dismissing the main appeal on 24 May 1999, the
third respondent cross-appealed
against the failure of the learned
judge in the court
a
quo
to award it the
qualifying fees of its three expert witnesses, Mr Tasiopoulos, Mr
Verhoeven and Mr Nakazawa.
[2] I
am satisfied that the judge’s failure to award the qualifying
expenses was due to an oversight. Third respondent was
clearly
entitled to an order awarding it the qualifying expenses and the
appellant does not oppose the cross- appeal.
[3] The
following order is made on the cross-appeal:
“1. The
cross-appeal is allowed with costs.
2. The order made by the court
a
quo
is varied by
the addition after the words “two counsel” of the
following:
‘and the qualifying fees and expenses of the
expert witnesses Tasiopoulos, Verhoeven and Nakazawa’.”
I
G FARLAM
ACTING
JUDGE OF APPEAL
NIENABER JA)
MARAIS JA)
PLEWMAN JA)
- Concur
STREICHER JA)