Anneke Whelan

Partner

Practice Area(s):


Qualifications:

BLC, LLB (University of Pretoria). LLM (Shipping Law) (University of Cape Town), AIPSA Diploma in Insolvency law (with distinction)


Specialisations and Interests:

Anneke is the lead commercial litigation attorney in Shepstone and Wylie’s Cape Town office. She deals mainly with commercial and construction/engineering work disputes in both the high court and in arbitration forums. She specializes in insolvency work and business rescue proceedings and has also acted for various medical aid schemes. Anneke and her team were appointed the Independent Electoral Body to oversee and manage the election of a new board of trustees of one of the country’s largest open medical schemes.

Anneke is also a senior member of the Shipping and Logistics team. She was the lead attorney in the litigation that ensued after the Alina II suffered catastrophic shell plate damage while loading iron ore in Saldanha. Her experience includes extensive work acting for bunker suppliers, crew claims, judicial sales, enforcement of maritime claims, security arrest and casualty work. She has also represented international ship owners in London Maritime Arbitration proceedings. Anneke is an accredited arbitrator.

Anneke has many years’ experience acting for ship owners in the Namibian High Court.

Anneke is a member of the Maritime Law Association, the South African Restructuring and Insolvency Practitioners Association, the Legal Practice Council and a member of the steering committee of the Arbitration Foundation of South Africa. She was appointed examiner for the Candidate Attorneys admission exams in 2017.

Significant judgments in which Anneke acted:

Spilhaus Property Holdings (Pty) Ltd v MTN (Pty) Ltd 2019 (4) SA 406 (CC)

-Sectional Title – Whether individual owners have standing to apply for removal of antenna erected on common property in contravention of zoning scheme;

MTN (Pty) Ltd & another vs Spilhaus Property Holdings (Pty) Ltd and others  [2018] ZASCA 16

-Sectional Title Scheme – locus standi of unit owners to institute proceedings – matter falling within section 41 of Sectional Titles Scheme Act 95 of 1986 – owners obliged to apply for appointment of curator ad litem

Gaffoor and Another NNO vs Vangates Investments(Pty) Ltd and others 2012(4) SA 281 (SCA)

-Rectification of Shareholders register not subject to prescription and a delay in bringing proceedings is not a bar the claiming rectification.

Transnet Ltd v The Owner of the MV Alina II (No 2) 2011 (6) SA 206 (SCA)

-Duplication of actions (in rem and in personam) on the same claim based on the same cause; submission to court by entering an appearance to defend a pre existing personal claim where subsequent attachment is impermissible.

Richman v Ben Tovim 2006 (2) SA 591 (C) and 2007 (2) SA 283 (SCA)

-enforceability of a foreign debt; International jurisdiction or competence of foreign court

MY Summit One v Malacca Holdings 2003(6) SA 94 (C) and 2005 (1) SA 428 (SCA)

-Admiralty Jurisdiction – attachment to found jurisdiction and joinder of a party

MA Vleis Agentskappe CC v Shaw NO 2003 (6) SA 714 (C)

-liability of members for debt of close corporation in insolvent circumstances

Steelchrome vs Jacobs and others 1995 (2) SA 8873 (BG)

-constitutional practice, leave to appeal

Brink vs Kitshoff N.O. 1996 (4) SA 197(CC)

-discrimination against married woman, section 8 of Insurance act

Nusca vs da Ponte and others 1994 (3) SA 251 (B)

-company, directors and their office

Yates vs University of Bophuthatswana 1994 (3) SA 815 (B)

-administrative law, decision of functionary – disciplinary proceedings

Gillon vs Eppol 1991 (4) SA 656 (B)

-contract, specific performance

Molebatsi vs Bophuthatswana National Development Corporation (unreported). M198/93 dated 26th April 1993

-arbitration award, set-off

Bophuthatstwana National Development Corporation vs Mr Snap Holdings (Pty)Llimited (unreported), M271/93 dated 17th February 1994

-liquidation, readily realizable assets.


Knowledge and Insights by Anneke Whelan: