THE High Court has questioned why a key letter recommending the registration of Goundar Fast Ferry, MV Captain Inoke, was not disclosed to the court in a ruling granting the company leave to challenge the continued delay through judicial review.
Justice Anjala Wati said the respondents had failed to bring to the court’s attention a September 1, 2025, letter from the Maritime Safety Authority of Fiji’s (MSAF) then CEO to the Minister for Public Works, Transport and Meteorological Services, recommending registration of the vessel.
The respondents in the case are MSAF, the minister, the Prime Minister and the Attorney-General.
Justice Wati said the letter was significant because it followed earlier MSAF correspondences which initially recommended against registration, but now stated that the vessel was seaworthy and fit to operate as a ferry, subject to safety, technical and operational conditions.
She questioned why the document, which was in the respondents’ possession, had not been disclosed and rejected the explanation that it was an internal or confidential document.
The letter, she said, concerned GFF and its right to have the vessel registered.
Justice Wati found there was an arguable case that the minister had failed to perform his statutory duties by not acting on the then CEO’s recommendation for more than six months.
She said the Constitution required executive and administrative action to be lawful, rational, proportionate, procedurally fair, and reasonably prompt.
The case involves the MV Captain Inoke, a second-hand vessel more than 20 years old which GFF purchased from South Korea and brought to Fiji in January 2025.
Earlier MSAF correspondence had identified outstanding dry-dock, hull survey and compass adjustment requirements.
However, the September 1 letter stated that MSAF had conducted five safety and technical assessments and a sea trial, with 38 of 39 identified defects addressed.
Justice Wati also rejected the respondents’ argument that the vessel had been illegally imported, noting that MSAF had accepted its arrival and subsequently engaged with GFF over the defects.
GFF was granted 28 days to file its judicial review proceedings and awarded $3500 in costs, payable within 14 days.
