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The Laws of Fiji
Last Updated: 1 December 2016

[SHR 58] Caveat forbidding registration of certain instruments58 

58
(1) A person claiming an interest in a ship or in a share in a ship under any unregistered instrument, or by operation of law, may lodge with the Registrar a caveat in the prescribed form forbidding the entry in the Register of any instrument relating to any dealing with that ship or share until after notice of the intended dealing is given to the caveator.
(2) Every caveat shall—
  • (a)state the name and address of the caveator;
  • (b)contain a description sufficient to identify the ship or the share in the ship in which the caveator claims an interest and to identify the interest claimed by the caveator; and
  • (c)be signed by the caveator or by the caveator's solicitor or agent.
(3) A caveat shall not be entered in the Register by the Registrar unless there is specified in the caveat an address in Fiji at which notices relating to the caveat or to proceedings in respect of the caveat may be served.
(4) Where a person entitled to withdraw a caveat notifies the Registrar, by lodging a notice in the prescribed form, that the name of the caveator or the address for service of notices on the caveator has been changed from the name or address specified in the caveat, the Registrar shall record on the caveat and in the Register the name or address so notified and that name or address shall thereupon be the name of, or the address for service of notices on, the caveator.
(5) Every notice relating to a caveat or to any proceeding in respect of a caveat shall be deemed to be duly served—
  • (a)either—
    • (i)at the address stated in the caveat in accordance with subsection (3); or
    • (ii)if an address has been notified under subsection (4), at the address, or the last address, so notified; or
  • (b)if the caveat was signed by a solicitor or agent, at the office of that solicitor or address of that agent.
(6) A caveat may be withdrawn by—
  • (a)the caveator or by the caveator's solicitor or agent;
  • (b)the executor of the will or administrator of the estate of the deceased caveator;
  • (c)a trustee or official receiver or other person in whom the interest claimed by the caveator is vested pursuant to the Bankruptcy Act 1944; or
  • (d)any person in whom by an order of the High Court there is entrusted, by reason of the mental incapacity of the caveator, the management and care or the interest claimed by the caveator.