Judge says boat operator must pay former owner in Noosa Catalina trial

A judge has sunk claims of Noosa Catalina’s unseaworthiness and passenger safety while making orders against the current owners of one of the region’s best-known vessels.

The Catalina Noosa in 2019.

The Noosa Catalina operator has been ordered to pay the former owner more than $500,000 following a dispute that contained claims of unseaworthiness and a discussion over a safe number of passengers.

Judge Vicki Loury delivered her finding in the Brisbane District Court on December 9, after a civil trial in September and October.

Court documents showed Noosa Cruises, directed by Bevan Inwood, owned and operated Catalina Cruises from 1994 until late 2015.

In 2015, Noosa Cruises entered into a contract to sell the business, including the boat, to Saltwater Noosa for $550,000 and it was agreed a 30-day tuition and assistance period would apply along with a sunset date.

The buyer also needed to carry out “due diligence” within two weeks of the contract and Saltwater Noosa was to pay Noosa Cruises in monthly instalments for about four years and then pay the remainder of the balance of sale.

The Catalina before work was done on it in 2018.

Saltwater Noosa paid the $4000 instalments for three years and then stopped.

Noosa Cruises claimed $455,778.87 was still owed.

Court documents showed Saltwater Noosa counterclaimed the Catalina was “never able to lawfully, properly and safely carry 160 passengers” and was not seaworthy.

The Catalina Noosa.

“The first defendant further pleads that it incurred costs to repair and renovate the vessel to render it seaworthy and capable of carrying 160 passengers and lost profits during the period of its repair,” the documents stated.

Court documents showed work was done on the vessel in 2018.

Saltwater Noosa sought more than $944,700 in remediation costs, loss of use and in interest.

Saltwater Noosa also claimed damages against TD Marine Surveyors and Naval Architects and Terry Davis “for breach of duty” in performing surveys of the vessel in 2006 and 2015.

The Catalina following renovations. Picture: Contributed

Noosa Cruises disputed the counterclaim and also stated it was entitled to an “indemnity” from the marine surveyors and Mr Davis.

Judge Loury found in favour of Noosa Cruises and dismissed Saltwater Noosa’s counterclaim.

She also dismissed Saltwater Noosa’s claim against the marine surveyors and Mr Davis.

The judge ordered Saltwater Noosa pay Noosa Cruises $543,616.17 and stated she would hear further from the parties as to any “consequential orders” sought and to costs.

The MV Catalina director Tim Norris acknowledged the court proceedings “in which a ruling was made in favour” of the other parties.

“While this is not the outcome which we were hoping for, we respect the court’s decision and look forward to continuing to service our fantastic customer base for the busy season ahead and for many years to come,” he said.

The Sunshine Coast Daily attempted to contact Mr Inwood through his counsel, but did not receive a response by deadline.

Originally published as Judge says boat operator must pay former owner in Noosa Catalina trial