In a striking maritime legal event, the Supreme Court of Fiji witnessed a notable incident involving former acting chief registrar Devendra Pathik acting as an admiralty marshal to arrest the ship Komaiwai. This event, detailed in an article from The Fiji Times published on August 2, 1984, took place in Walu Bay following directives from Chief Justice Sir Timoci Tuivaga, with court bailiff Usman Ali present.
The legal proceedings were initiated by two local companies, Industrial and Marine Engineering Ltd (IMEL) and Labour Pool Services, which were pursuing a combined claim of $36,778 against the vessel’s owner, James B. Franklin. IMEL sought $25,985 while Labour Pool Services requested $10,793 to compensate for repair and maintenance services rendered on the ship.
Franklin, a retired company director from England, was on-site during the arrest and provided court officials with documents related to the disputed repairs. He expressed his intent to resolve the issue through the judicial system, indicating he purchased the Komaiwai at an auction for $110,000 later in 1984. The conflict arose over repair work initiated by an Australian associate of Franklin during his absence from Fiji.
Labour Pool Services had been responsible for sandblasting, water blasting, and painting the vessel’s hull, while IMEL took on additional repair tasks. However, Labour Pool Services encountered challenges in completing the job adequately, receiving pushback from adjacent ships and the Fiji Navy over safety issues. Although they charged Komaiwai for the full amount, discrepancies regarding the quality and extent of work performed were contested by Franklin, who specifically challenged the $6,000 charge for paint, claiming that it could not pertain solely to underwater usage.
Likewise, IMEL faced accusations of overbilling, with Franklin pointing out excessive charges for repairs, including $1,700 for utilizing planks that had been supplied by the ship. Having already incurred about $100,000 in various repairs, Franklin’s plans to sail the Komaiwai to Taiwan were complicated by these legal disputes. Nevertheless, he affirmed his commitment to addressing the matter through the courts, stating, “I was not planning on running away.”