A legal dispute between a luxury boat hire service and Andrew and Nicola Forrest’s marine maintenance company has finally progressed in the Federal Court.
A legal dispute between a luxury boat hire service and Andrew and Nicola Forrest’s marine maintenance company has finally progressed in the Federal Court.
Australian Hospitality Services, trading as Party Boat Charters, sued SFM Marine in the Federal Court of Australia’s Western Australian registry in July.
SFM Marine is owned by the Forrests’ private investment group Tattarang.
Australian Hospitality Services (AHS) claimed about $1.1 million in damages from SFM Marine, being the costs of repair to a fibreglass commercial vessel and business losses.
In its statement of claim, Australian Hospitality Services alleged SFM Marine damaged a 24-metre commercial passenger vessel's hull while performing maintenance in 2022.
Federal Court judge Michael Feutrill today told the court the matter seemed to be a straightforward case, but it has not been heard since the legal action started.
"I wanted to have the first case management hearing [today] because the matter commenced in July last year and I haven’t seen anyone yet,” he said.
“The next issue seems to be question of the extent of damage and cause, no doubt that’ll require some expert evidence.”
The statement of claim revealed the vessel involved was the Moonlight Express, a 118-person boat with a surround sound music system.
AHS’ lawyer Michael Cooper told the court his client estimated about $650,000 in repair works and a $400,000 loss to his business as a result of the damaged vessel.
But barrister Clinton Russell, for SFM Marine, said his client needed more information on the losses claimed.
“The issue we have so far is getting the information… how the damage was caused, whether that’s some [fault] of ours, and also the extent of the damage,” he said in court.
“There have been negotiations to try and resolve it but there is a deficit in information.
“The information we need is all the repairs and invoices and work that has been carried out.”
In its statement of claim, AHS said a shaft seal leak was found after SFM Marine serviced the boat and returned it to the water in August 2022.
AHS alleged SFM Marine failed to support the vessel’s hull when lifting it out of the water in North Fremantle and overloaded the boat, resulting in the shaft seal leaking.
Other alleged damage to the vessel included external cracking to the hull, cracking in the keelson, and cracking to the fuel tank, according to AHS’ statement.
AHS claimed SFM Marine knew or should have known the vessel was made of fibreglass when it signed the maintenance agreement.
AHS claimed, in its statement, that SFM Marine also used an insufficient number of keel blocks, that were too small and of the wrong material, when standing the vessel.
In court, Mr Cooper suggested a five-day trial next year but Justice Feutrill said it was “ambitious”.
Justice Feutrill told the court two weeks would be more appropriate, given there would be evidence from a forensic accountant and an engineering expert.
AHS is owned by former Married at First Sight contestant Bronson Norrish, his partner Hayley Wallis, and Neil Norrish.
Bronson Norrish and Ms Wallis are the major shareholders of AHS, Australian Securities and Investments Commission data shows.
Tattarang acquired Northport Marine Services in 2020 and rebranded the company to SFM Marine.
