Three judges on Wednesday dismissed as “fictitious” a €2 million claim filed by a fish farm operator over a 2006 incident when a vessel rammed it, with the court whittling the compensation down to a mere €15,000. 

Chief Justice Mark Chetcuti and judges Giannino Caruana Demajo and Anthony Ellul, presiding over the Court of Appeal, found that while the vessel was negligent, resulting in a collision with the fish farm, the claim of Mare Blu Tuna Farm Ltd for the loss of 207 tons of tuna worth over €2 million was a “fictitious claim.”

Instead, it found that the 93-metre MV Coral Water had caused €15,000 in damage to the ropes surrounding the fish farm. 

The claim presented by the Mare Blu was for physical damage caused to the fish farm as well as for the loss of 207 tons of tuna from cage number 7 which it claimed was hit by the vessel causing the escape and consequent loss of tuna.

However, it transpired in court that cage number 7 never had a net around it at the time of the collision and that there were no fish to escape on the night of the incident. 

This case occurred at around 10pm on August 27, 2006, when the Coral Water had just finished taking bunkers at the bunkering area off Marsaxlokk. On completion, the vessel heaved anchor and set course for Tuzla in Turkey. Shortly after setting sail, the vessel’s rudder jammed, and the engine went out. When the vessel put its deck lights on, it transpired that it had entered a fish farm.

Mare Blu filed an appeal after the First Hall of the Civil Court had concluded that the vessel was not responsible for colliding with the fish farm and had dismissed the claim. The company claimed loss of earnings but the court concluded that it had not brought evidence to sustain its claim, especially when the cage hit during the incident had no net and no fish inside it. 

The court concluded that it was not true that the vessel rammed cage number 7 and wrecked it, as was being claimed. “What actually happened was that [Coral Water] cut some ropes that obviously needed to be changed,” the court said as it liquidated damages to cover the cost of the ropes and the labour costs to refit them. 

Lawyer Ann Fenech represented the owners of MV Coral Water.