In a striking legal episode reminiscent of historical maritime disputes, an article from The Fiji Times dated August 2, 1984, detailed a significant event at The Supreme Court of Fiji where former acting chief registrar, Devendra Pathik, assumed the role of admiralty marshal to arrest the vessel Komaiwai.
As reported, Justice Pathik executed the arrest in Walu Bay under the direction of Chief Justice Sir Timoci Tuivaga, alongside court bailiff Usman Ali. This legal action followed separate writs filed by local companies, Industrial and Marine Engineering Ltd (IMEL) and Labour Pool Services, claiming a total of $36,778 from the ship’s owner, James B Franklin.
IMEL sought $25,985, while Labour Pool Services filed a claim for $10,793 for repair and maintenance work carried out on the ship. Franklin, a retired director from England, was present during the arrest, demonstrating the disputed work to court officials. He expressed his readiness to resolve the issue legally and indicated that he had acquired Komaiwai in an auction for $110,000 late in 1984.
The dispute originated from repair work that was commissioned by an Australian associate of Franklin while he was away from Fiji. Labour Pool Services conducted sandblasting, water blasting, and painting of the hull, while IMEL was responsible for additional repairs. Complications arose when Labour Pool Services did not complete the job to satisfaction, facing complaints from nearby vessels and the Fiji Navy due to safety issues.
Despite Labour Pool Services charging Komaiwai the full amount, there were disputes regarding the quality and quantity of work done. Franklin contested what he termed inflated costs, particularly questioning a $6,000 charge for paint, asserting it could not have solely been for underwater use.
IMEL also faced scrutiny, with Franklin alleging they overly billed for repairs, including a $1,700 charge for using planks supplied by the ship. After investing about $100,000 in various repairs, Franklin’s plans to sail Komaiwai to Taiwan became complicated due to these legal issues. Nevertheless, he maintained his intention to seek resolution through the court, stating, “I was not planning on running away.”