Court evicts helicopter service from V&A
Fatima Schroeder
December 15 2005 at 12:12PM
The Cape High Court has ordered that Helicopter and Marine Services, which owns the Huey, a Vietnam war-era helicopter, be evicted from shop premises and a helicopter landing site at the V&A Waterfront after it failed to pay rent.
The company has also been ordered to pay the Waterfront's legal costs.
V&A Waterfront Properties lodged the urgent application against Helicopter and Marine Services, Huey Extreme Club and Madiba Air and Sea, asking for them to be evicted from premises at the Waterfront.
The three companies are controlled by businessman Gary van der Merwe and fall under the umbrella of Wealth International Network.
The parts of the premises referred to included shop space, a helicopter landing site and a kiosk.
Helicopter and Marine Services is the owner of the helicopter, which was manufactured by Bell Aviation.
Helicopter and Marine Services hires it to the Huey Extreme Club, which flies it. The club is controlled by Helicopter and Marine Services.
Van der Merwe denied owing rental. He claimed that one of the terms of the agreement was that V&A Waterfront Properties should not interfere with the operation of the business run from the premises.
He claimed that this term was breached when V&A Waterfront Properties caused the vessel, the MV Cape Endurance, to be arrested in August this year which led to Helicopter and Marine Services losing a lucrative contract.
But in a judgment handed down on December 9, Deputy Judge President Jeanette Traverso said this could never be a defence in an eviction matter.
"At best (they) will enjoy an unliquidated claim for damages if the arrest is found to be unlawful ... The MV Cape Endurance was arrested in terms of a court order. How this can ever constitute interference by (V&A Waterfront Properties) with (Helicopter and Marine Services') utilisation and benefit of the leased premises is difficult to understand," she added.
Van der Merwe also contended that his company has paid certain preservation costs for which V&A Waterfront Properties was liable and that it was entitled to claim against the rental due.
He said the preservation costs were in excess of the rental claimed. But Judge Traverso said both leases of the helipad and shop premises prevent rental from being paid that way.
Judge Traverso said she was satisfied that V&A Waterfront Properties had not made out a case against the Huey Extreme Club and Madiba Air and Sea.
She added that the relief sought in respect of the kiosk was not pursued and ordered Helicopter and Marine Services to be evicted from the shop premises and landing site.