The choice of law rule for goods in transit : Bominflot Ltd v Kien Hung Shipping Co Ltd : case comment

The decision of Davis J in Bominflot Ltd v Kien Hung Shipping Co Ltd (Central Leasing Corporation & Another Intervening) (2004 (2) SA 556 (C)) reawakens an old academic debate on the choice of law rule governing the ownership of movables that are in transit. The debate confines itself to the choice of law rule for goods in transit : courts and academics are at one that the rule governing questions of ownership of stationary movables is the law of the site of the movable at the time of the ownership-affecting transaction.