Goundar Fast Ferries wins right to challenge Captain Inoke delay

Goundar Fast Ferries (GFF) has been allowed to file for judicial review after the High Court found that Minister for Transport Ro Filipe Tuisawau had not acted on a Maritime Safety Authority of Fiji (MSAF) recommendation, resulting in delays to the registration and operation of MV Captain Inoke.

Justice Anjala Wati made the ruling today in Suva following a full hearing of GFF’s ex parte application against MSAF, the Minister for Transport, the Prime Minister and the Attorney-General.

GFF had intended to register the vessel under Section 4(4) and (5) of the Ship Registration Act 2013, but its application was rejected twice by MSAF.

The first rejection, on June 4, 2025, cited several outstanding requirements, including:

• No dry-dock report had been provided.
• No hull survey report from an approved classification society had been submitted.
• No satisfactory sea trial had been completed.
• Compass adjustment was still required.
• The vessel was classified as a high-speed craft and was therefore required to comply with the High-Speed Craft Code and additional regulatory requirements.

MSAF finalised its decision on July 30, 2025, stating that although a sea trial had been conducted, it confirmed that the vessel was a high-speed craft.

It also found that the dry-docking documentation submitted did not involve a Flag State or class surveyor.

MSAF further noted that South Korea’s KR Register had reportedly withdrawn the vessel’s class certificates in November 2024, leaving it “out of class”.

The compass adjustment also remained outstanding.

GFF argued that MSAF’s refusal was illegal, ultra vires, unreasonable and contrary to its legitimate expectations.

The company later became aware of a September 1, 2025 letter from former MSAF chief executive officer Joeli Cawaki to Ro Filipe containing a report on MV Captain Inoke.

The report stated that the vessel had undergone five safety and technical assessment surveys and had successfully completed a four-hour sea trial from Suva Harbour towards Beqa and Kadavu.

It said 39 defects had been identified, of which 38 had been rectified. The remaining issue was compass swinging and calibration, which was difficult because Fiji lacked qualified compass calibration experts.

Mr Cawaki stated that MSAF senior surveyors had concluded that the vessel was safe and technically fit.

He also said the vessel was seaworthy and suitable to operate as a passenger and cargo ferry, including on routes such as Savusavu-Natovi.

In her ruling, Justice Wati found there was no evidence that the Minister had acted on the recommendation despite more than six months having passed without a decision.

The court found that Ro Filipe had not performed the statutory role assigned to him under the legislation, resulting in further delays to attempts to have the vessel registered and operating.

Justice Wati advised the respondents to read the judgment thoroughly and warned against such delays when investors bring their investments with the intention of serving citizens and the country.

“I hope good sense will prevail,” Justice Wati said.

All four respondents have been given 14 days to pay $3,500 each to GFF for court costs.

GFF has 28 days to file its judicial review. The case will be called again on November 3.