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Tradax Ocean Transportation SA v mv 'SILVERGATE' Properly Described as mv 'ASTYANAX' and Others (2) (107/97) [1999] ZASCA 31 (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)