Sentence passed in the case of the state of Norway versus Samherji Ltd.
07.01.2005
Today sentence was passed in the Gulating court in Norway where Samherji hf, was sentenced to pay compensation to the Norwegian state to the amount of NOK 14 million. This court decision was very unexpected both by the management of Samherji and their Norwegian lawyers since the representatives of the Norwegian shipyard Th. Hellesöy were acquitted in this same case last April and the Norwegian public prosecutor did not see a reason to appeal. Samherji has, having consulted with the Norwegian lawyers, decided to appeal against this sentence to the High court in Norway and a statement will be issued next week when the judgement has been reviewed. This case dates back to 1997 when Samherji entered into a contract with the Norwegian shipyard Th. Hellesöy Skipsbyggeri to build a multi-purpose fishing vessel Vilhelm Þorsteinsson EA 10 and confirmed the contract with a payment to the shipyard in December that year. The Norwegian shipyard later went into liquidation and the legal counsel of the Norwegian authorities made a claim on the Management of Hellesöy and Samherji Ltd. for a subsidy already issued to the shipyard in connection with the project.
The Norwegian authorities began the court proceedings and demanded compensation on the premise that the contract for the building of the vessel did not become valid until three months after it was completed, due to a reservation clause in an appendix. The acquitting judgement in the case Norwegian authorities against Management of Hellesöy, was however based on that this same contract was valid and within the valid time limit of the subsidies.
The Management of Samherji believe that the company has been sentenced in a case in which it was not involved. Samherji was not, in any way involved in matters relating to the Norwegian state subsidy for the building of the vessel and state subsidy was not received by Samherji in any way whatsoever. Therefore it has been decided to appeal against this sentence to the High court in Norway.
The Norwegian authorities began the court proceedings and demanded compensation on the premise that the contract for the building of the vessel did not become valid until three months after it was completed, due to a reservation clause in an appendix. The acquitting judgement in the case Norwegian authorities against Management of Hellesöy, was however based on that this same contract was valid and within the valid time limit of the subsidies.
The Management of Samherji believe that the company has been sentenced in a case in which it was not involved. Samherji was not, in any way involved in matters relating to the Norwegian state subsidy for the building of the vessel and state subsidy was not received by Samherji in any way whatsoever. Therefore it has been decided to appeal against this sentence to the High court in Norway.
