Taurus Shipping Company Ltd v Vista Fisheries Ltd [2006] FJHC 43; HBC0569.2005S (3 February 2006)

IN THE HIGH COURT OF FIJI
AT SUVA
CIVIL JURISDICTION

CIVIL ACTION NO. 0569 OF 2005

Between:

TAURUS SHIPPING COMPANY LIMITED
Plaintiff

- and –

VISTA FISHERIES LIMITED
1st Defendant

- and –

FISHINVEST (FIJI) LIMITED
2nd Defendant

- and –

FIJI ISLANDS MARITIME AND SAFETY ADMINISTRATION (FIMSA)
3rd Defendant

Counsel: Mr. V. Kapadia for Taurus Shipping Co. Ltd.
Mr. S.F. Koya for Vista Fisheries Ltd.
Mr. J.J. Savou for Fishinvest (Fiji) Ltd.
Mr. K. Keteca for FIMSA

Date of Hearing: 1st–3rd February, 2006
Date of Settlement: 3rd February, 2006

AGREED SETTLEMENT ORDER

Upon hearing counsel for all the parties in this matter and upon receiving the personal undertaking of Pavel Mourgun the proceedings in this case are stayed upon the following terms:

1. Vista Fisheries Limited and Fishinvest (Fiji) Limited agree and acknowledge that Taurus Shipping Company Limited is the lawful and rightful owner of the motor vessel Rosalina.
   
2. Vista Fisheries Limited and Fishinvest (Fiji) Limited agree and acknowledge that Taurus Shipping Company Limited is entitled to immediate possession of the motor vessel Rosalina on an “as is, where is” basis and that Taurus Shipping Limited be allowed to take the vessel out of the waters of the Republic of the Fiji Islands. For the sake of clarification “as is, where is” means whatever improvements are on board the motor vessel Rosalina remain so.
   
3. Vista Fisheries Limited and Fishinvest (Fiji) Limited agree to and do not object to the de-registration of the M.V. Rosalina from the Fiji Islands Marine and Safety Administration register and to a deletion certificate being issued by FIMSA to Taurus Shipping Company Limited in respect of the motor vessel Rosalina.
   
4. Vista Fisheries Limited, Fishinvest (Fiji) Limited and Pavel Mourgun will indemnify Taurus Shipping Company Limited from all and every claim made by any creditor of Vista Fisheries Limited, Fishinvest (Fiji) Limited, or Pavel Mourgun including in rem claims in respect of the motor vessel Rosalina in respect of the alleged expenditure on the M.V. Rosalina of the sum of $165,000.00 made by Fishinvest (Fiji) Limited and or Vista Fisheries Limited.
   

This indemnification is not to be restricted to the said $165,000.00 but to relate to all claims incurred by Vista Fisheries Limited, Fishinvest (Fiji) Limited and Pavel Mourgun from 25th of August 2005 to the 3rd of February 2006.

5. The sum of $20,000.00 paid by Taurus Shipping Company Limited into the High Court is to be refunded forthwith to Taurus Shipping Limited’s solicitors, Sherani & Co.
   
6. Taurus Shipping Company Limited, Vista Fisheries Limited, Fishinvest Fiji Limited and Pavel Mourgun after this settlement shall have no further claim of any kind on each other in respect of the motor vessel Rosalina.
   
7. Taurus Shipping Company Limited will upon this settlement and subject to payment of indemnity costs discontinue Civil Action HBC0569 of 2005 against Vista Fisheries Limited and Fishinvest (Fiji) Limited and Fishinvest (Fiji) Limited will similarly discontinue its counterclaim against Taurus Shipping Limited.
   
8. All orders made in either Action HBC0501 of 2005 or HBC0569 of 2005 restraining the motor vessel Rosalina in any way in being removed from the jurisdiction of the Republic of Fiji Islands are to be discharged forthwith.
   
9. Pavel Mourgun, Vista Fisheries Limited and Fishinvest (Fiji) Limited agree to pay to Taurus Shipping Company Limited costs on an indemnity basis from the 25th of August 2005 to 3rd of February 2006 to be taxed if not agreed.
   

These costs are to include all expenses Taurus Shipping Company Limited has incurred in prosecuting these proceedings and before that since 25th of August 2005.

Indemnity costs include the costs of looking after the vessel since the court order.

10. In accordance with this settlement FIMSA agree that Taurus Shipping Company Limited be issued with a deletion certificate of registration of the motor vessel Rosalina and forthwith facilitate the vessel being taken from the Fiji Islands by Taurus Shipping Company Limited.
    

Dated the 3rd February, 2006.

(R.J. Coventry)
JUDGE