In a scene reminiscent of maritime legal battles of old, an article published by The Fiji Times on Thursday, August 2, 1984 recounted the dramatic event witnessed by The Supreme Court of Fiji where the former acting chief registrar, Devendra Pathik, donned the role of an admiralty marshall to arrest the ship Komaiwai.
According to the article, Justice Pathik carried out the arrest in Walu Bay as instructed by Chief Justice Sir Timoci Tuivaga, accompanied by court bailiff, Usman Ali.
This legal manoeuvre came on the heels of separate writs filed by local companies, Industrial and Marine Engineering Ltd (IMEL), and Labour Pool Services, seeking a total of $36,778 in claims from the ship’s owner, James B Franklin.
IMEL demanded $25,985, while Labour Pool Services claimed $10,793 for repair and maintenance work performed on the vessel.
Mr Franklin, a retired company director from England, was present during the arrest, show the disputed work to court officials. Expressing a willingness to settle the matter in court, he disclosed purchasing Komaiwai in an auction for $110,000 late in 1984.
The origin of the dispute lay in the repair work commissioned by an Australian associate of Mr Franklin during his absence from Fiji.
Labour Pool Services undertook sandblasting, water blasting, and painting the hull, with IMEL tasked with additional repair work. However, complications arose when Labour Pool Services failed to complete the job satisfactorily, facing objections from neighbouring ships and the Fiji Navy due to safety concerns.
Despite Labour Pool Services billing Komaiwai for the full amount, discrepancies emerged regarding the quantity and quality of work performed. Mr Franklin contested the inflated charges, particularly questioning the $6,000 paint expense, arguing it couldn’t have been solely for underwater use.
IMEL too faced allegations of overcharging, with Mr Franklin claiming excessive billing for repair work, including $1,700 for using planks supplied by the ship.
Having already expended approximately $100,000 on various repairs, Mr Franklin’s intentions to sail Komaiwai to Taiwan were met with legal entanglements. However, he maintained his stance of seeking resolution through legal channels, asserting, “I was not planning on running away.”
