The High Court has found that Transport Minister Ro Filipe Tuisawau failed to act on a recommendation that contributed to delays in registering and operating Goundar Fast Ferry’s MV Captain Inoke.

Justice Anjala Wati made the finding yesterday while hearing Goundar Fast Ferry’s application against MSAF, the Transport Minister, the Prime Minister and the Attorney-General.

The court found Ro Filipe failed to perform his statutory role under the Ship Registration Act.

The issue arose after MSAF twice rejected the company’s application to register the vessel over concerns including missing dry-dock and hull survey reports, a satisfactory sea trial and compass adjustment.

MSAF also determined that the vessel was a high-speed craft and had to meet additional safety requirements.

However, a report later sent to Ro Filipe by former MSAF Chief Executive Officer Joeli Cawaki stated that the vessel had undergone five safety and technical assessments.

It had also completed a four-hour sea trial from Suva Harbour towards Beqa and Kadavu.

Of 39 defects identified, 38 had been rectified, with only compass swinging and calibration outstanding.

Cawaki said MSAF senior surveyors had concluded the vessel was safe, technically fit and seaworthy to operate as a passenger and cargo ferry.

Justice Wati found there was no evidence the Minister acted on the recommendation, despite more than six months passing without a decision.

She said this contributed to further delays in Goundar Fast Ferry’s efforts to register and operate the vessel.

Justice Wati also warned against delays, particularly where investors bring their investments into Fiji to serve citizens and the country.

Goundar Fast Ferry has been given 28 days to file its judicial review application.

The four respondents have each been ordered to pay the company 3,500 dollars in court costs within 14 days.

The matter will be called again on November 3rd.