In a dramatic echo of historical maritime legal disputes, The Fiji Times reported on August 2, 1984, a significant event in the Supreme Court of Fiji where former acting chief registrar Devendra Pathik took on the responsibilities of an admiralty marshall to detain the ship Komaiwai.
The article detailed that Justice Pathik executed the arrest in Walu Bay under the orders of Chief Justice Sir Timoci Tuivaga, with court bailiff Usman Ali accompanying him. This legal action came after local companies, Industrial and Marine Engineering Ltd (IMEL) and Labour Pool Services, filed writs claiming a total of $36,778 from the ship’s owner, James B. Franklin.
IMEL sought $25,985 while Labour Pool Services demanded $10,793 for repair and maintenance tasks performed on the vessel. Mr. Franklin, a retired company director from England, was present during the ship’s arrest and showcased the disputed work to court officials, expressing his readiness to resolve the matter in court. He recounted purchasing the Komaiwai at an auction for $110,000 late in 1984.
The dispute centered around repair work commissioned by an Australian associate in Mr. Franklin’s absence. Labour Pool Services executed sandblasting, water blasting, and hull painting while IMEL conducted further repairs. However, issues arose when Labour Pool Services did not complete the job satisfactorily, facing opposition from neighboring ships and the Fiji Navy over safety issues.
Despite being billed for the full amount, inconsistencies emerged regarding the volume and quality of work completed. Mr. Franklin contested exaggerated charges, particularly challenging a $6,000 painting cost, which he argued could not solely be for underwater use. IMEL also faced accusations of overcharging, with Mr. Franklin asserting that they excessively billed him for repair work, including $1,700 for using planks provided by the ship.
After spending around $100,000 on various repairs, Mr. Franklin’s plans to sail the Komaiwai to Taiwan were hindered by legal disputes. Nevertheless, he remained committed to pursuing a resolution through legal means, stating, “I was not planning on running away.”