The Maritime Safety Authority of Fiji (MSAF) will appeal a judgment which cost-ordered the statutory body to pay more than $3million to a businessman.
Last year, the High Court had ruled in favour of Sultan Mohammed Khan and ordered MSAF to pay the sum for damages, interest and costs following the wrongful seizure and sale of his vessel nearly two decades ago.
Justice Chaitanya Lakshman called the matter in the High Court in Suva yesterday.
In 2024, Justice Lakshman found both the Official Receiver and Fiji Islands Maritime Safety Administration (FIMSA), now operating as MSAF, liable for the unlawful vesting of Mr Khan’s vessel and the delay in registering its ownership.
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”.
In a judgment of assessment of damages issued last year, Justice Lakshman ordered the defendants to pay $800,000 as the replacement cost of the vessel, $2.223 million for loss of income, interest on lost income at 3.5 per cent per annum, and $10,000 in costs.
RPatel Lawyers, acting for Mr Khan, have since filed “garnishee proceedings” for payment of the judgment sum. During proceedings, Bred Bank and ANZ Bank confirmed that they have no accounts for MSAF but Bank of South Pacific (BSP) confirmed it had two term deposit accounts in 2021.
Westpac Bank confirmed it has multiple accounts, but raised a legal issue under section 20 of the State Proceedings Act regarding the enforcement of judgements against statutory bodies.
Besides appealing the ruling, the MSAF will also be seeking a stay of execution of the August 2025 judgment.
The matter will be recalled on Friday to address the legal issue raised by Westpac bank.
