The High Court in Suva has refused an application by the Fiji Islands Maritime Safety Authority (MSAF) to stay the execution of a $3.03million judgment awarded to a vessel owner, Sultan Mohammed Khan.
In August last year, the court found MSAF liable for the unlawful vesting of Mr Khan’s vessel and significant delays in registering the ownership of his vessel. It awarded him $800,000 for the replacement cost of the vessel and over $2.2m for loss of income.
Mr Khan claimed he had spent years repairing and upgrading the vessel, originally bought for $20,000 and was preparing to operate charter services when it was seized “on the eve of sailing to Lomaiviti, with passengers and cargo onboard”.
MSAF sought a stay of execution pending their appeal, claiming the payment would adversely affect their statutory functions and that they had arguable grounds to challenge the liability and the amount awarded.
Justice Chaitanya Lakshman ruled that MSAF failed to provide proper evidence showing why the normal consequences of a monetary judgment justify preventing Mr Khan from enforcing the judgment.
He said public bodies were not exempt from lawful execution merely because public funds are involved.
Justice Lakshman said he is cautious and does not wish to allow the appellate process to become a means of unnecessarily delaying the enforcement of the judgment, in the absence of compelling justification.
As such, MSAF has been ordered to pay $2000 to Mr Khan.
