NEWS

Court Orders Amadea Not To Leave Fiji Waters

The Supreme Court of Fiji will deliver its judgment on this application on June 7.
03 Jun 2022 11:24
Court Orders Amadea Not To Leave Fiji Waters
Amadea the super yacht docked at the Lautoka Wharf Photo :Leon Lord

The Supreme Court of Fiji has ordered that superyacht Amadea cannot leave Fiji waters.

The order was made by Chief Justice Kamal Kumar in Suva on Thursday.

The orders are:

Execution and/or enforcement of the Court of Appeal’s judgment and the High Court’s judgment be stayed pending the determination of Millemarin Investments Limited’s summons for Stay Pending Appeal.

Superyacht Amadea is not to leave Fijian Waters pending the determination of the Millemarin’s summons for Stay Pending Appeal.

The yacht is to remain in the custody of the Fiji Police Force.

No person shall enter or leave the yacht unless authorised by the first respondent who is the Director of Public Prosecutions.

The first respondent (DPP) is to see that the yacht is in sailing conditions at all timeThis is following Millemarin’s lawyer Feizal Haniff filing an inter-parte summons for an interim stay of execution seeking:

That there be an interim stay of execution and/or enforcement of the Court of Appeal’s judgment dated May 27, 2022, that upheld the judgment of the High Court dated May 3, 2022, pending the hearing and determination of Millemarin’s application for stay of execution and/or enforcement of the Court of Appeal’s judgment.

That the superyacht Amadea be further retrained from leaving Fiji waters pending the hearing and determination of Millemarin’s application for stay of execution and/or enforcement.

That the Fiji Police Force assist in the enforcement of these orders.

That the costs of this application abide by the result of Millemarin’s application for an interim stay of execution and/or enforcement.

Such further or other order as the court seemed fit in making this interim order only until Millemarin’s application for stay of execution and/or enforcement proper was heard.

Mr Haniff also filed a summons for a stay of execution and of proceedings pending appeal application seeking:

That the execution and/or enforcement of the Court of Appeal’s judgment dated May 27, 2022, be stayed pending the determination of Millemarin’s petition for special leave to appeal to the Supreme Court.

That the superyacht Amadea be further restrained from leaving Fiji waters until the hearing and determination of Millemarin’s petition for special leave to appeal from the Supreme Court.

That all crew wages, maintenance, and Fiji Government charges for the superyacht Amadea be paid by the United States of America Department of Justice pending the hearing and determination of Millemarin’s petition for special leave to appeal from the Supreme Court.

That all proceedings in the Court of Appeal and the High Court relating to this matter be stayed pending the hearing and determination of Millemarin’s petition for special leave to appeal from the Supreme Court.

Such further or other order the court seemed fit.

The Supreme Court of Fiji will deliver its judgment on this application on June 7.

 



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