In a dramatic legal event reminiscent of classic maritime disputes, the Supreme Court of Fiji witnessed an unusual scene on August 2, 1984, when former acting chief registrar, Devendra Pathik, served as an admiralty marshal to arrest the ship Komaiwai.
The arrest occurred in Walu Bay, following instructions from Chief Justice Sir Timoci Tuivaga, with court bailiff Usman Ali accompanying Pathik. This action stemmed from separate writs filed by two local companies, Industrial and Marine Engineering Ltd (IMEL) and Labour Pool Services, which were seeking a combined total of $36,778 in claims from the ship’s owner, James B. Franklin.
IMEL was pursuing $25,985, while Labour Pool Services claimed $10,793 for repair and maintenance tasks performed on the vessel. Franklin, a retired company director from England, was present during the arrest and presented a case to court officials, expressing his intent to resolve the issue legally. He revealed that he had acquired Komaiwai for $110,000 at auction in late 1984.
The conflict originated from repair work commissioned by an Australian colleague of Franklin while he was away from Fiji. Labour Pool Services handled sandblasting, water blasting, and hull painting, with IMEL responsible for other repairs. Complications arose when Labour Pool Services allegedly failed to meet job expectations, leading to complaints from neighboring vessels and the Fiji Navy over safety concerns.
Despite billing Komaiwai the full amount for services, discrepancies arose around the quality and extent of work carried out. Franklin disputed the inflated charges, particularly contesting a $6,000 cost for paint, asserting it could not solely pertain to underwater application.
IMEL faced similar allegations of overbilling, with Franklin arguing against hefty charges for repair services, including $1,700 for using planks provided by the ship. Tallying nearly $100,000 in repair expenses already, Franklin’s plans to sail Komaiwai to Taiwan faced legal challenges. Nevertheless, he maintained a commitment to solving the issue through the courts, stating, “I was not planning on running away.”