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BP (South West) Pacific Ltd v The Owners of Motor Vessel 'Cresta 1' [2003] FJHC 57; HBG0009.2002 (25 February 2003)

IN THE HIGH COURT OF FIJI
AT SUVA
ADMIRALTY JURISDICTION

ADMIRALTY ACTION NO. HBG 9 OF 2002

BETWEEN:

BP (SOUTH WEST) PACIFIC LIMITED
PLAINTIFF

AND:

THE OWNERS OF MOTOR VESSEL “CRESTA 1”
THE MOTOR VESSEL “CRESTA 1”
DEFENDANTS

Ms Ulamila Fa - Counsel for the Plaintiff
Mr. Jiaoji Savou - Counsel for the Defendants
Mr. Paul McDonnell - Counsel for the Intervener

RULING

The plaintiff had filed an Admiralty Action in rem on 11th December 2002. It led to the arrest of the vessel Cresta 1. The plaintiff’s claim was for fuel supplied. On 27th January 2003 Fishinvert Fiji Limited was granted leave to intervene. It also filed Praecipe for caveat against release.

The plaintiff and the defendant have settled their debt. The plaintiff now intends to withdraw the claim and discontinue security for arrest. The caveator submits that the effect of entering a caveat is to prevent release of property in payment of proceeds of sale without the consent of the caveator or order of the court.

Before the court can order continued arrest of vessel it must be satisfied that the caveator has an interest in rem.

I have looked at the various affidavits filed by the parties. From them it appears the issue of fuel supplied has been included in the plaintiff’s claim. The telephone bills and management are not claims in rem. This leaves the matter of fishing line supplied. Cresta 1 had a fishing licence issued in respect of it. At the time Fishinvert traded as Saco Debt Collections and Investigations Limited. Any expenditure incurred in respect of the ship during the currency of the fishing licence cannot be laid at the doors of the defendant now.

Additionally the plaintiff now wishes to withdraw from security for continued arrest of vessel. The caveator is unwilling to give that security.

Accordingly, I order that the vessel Cresta 1 be released.

{ Jiten Singh }
JUDGE

At Suva
25th February 2003