The “MSC Susannah” – Supreme Court of Appeal of South Africa (Navsa, Wallis, Schippers, Mbatha and Gorven JJA) [2021] ZASCA 135 – 6 October 2021

Limitation of liability – Whether limitation could be invoked by owner of merchant ship against owner of a ship owned by defence force of South Africa or another country – Merchant Shipping Act 57 of 1951, section 261 and section 3(6)

On 10 October 2017 the vessel MSC Susanna broke her moorings in the port of Durban and collided with several vessels, including FNS Floreal. Floreal was a French naval vessel under the control of the Defence Ministry of the French Republic (the Ministry).