Kirill Pisarev, co-founder of PIK Group (a real-estate development company in Russia) has just won a law suit against Moran Yacht & Ship over a claim on commission. The brokerage agency argued they had introduced the buyer which is what ultimately led to the yacht's sale. Mr Pisarev is said to have become unhappy with M/Y 4You as the yacht was too small for him, his wife and four children. The 47-metre 4You was built in 2009 by Heesen Yachts and could accommodate 10 guests in 5 cabins. Mr Pisarev therefore decided to sell the yacht and to commission a 55m yacht from Amels. The sale eventually occurred in 2012 and 4You now belonged to Alexander Miliavsky, for 19.8 million euros. The 55m Amels, 4You was also delivered to Mr Pisarev in 2012 and was much more spacious and easier for himself and his family to enjoy, the judges were told.
Following the sale, Mr Pisarev ended up in court after the brokerage agency who managed and crewed the yacht, Moran Yacht and Ship, argued they were owed a £615,000 commission on the deal, 4% of the sale price. Their claim was dismissed by the High Court in 2014, and on February 11th 2016 Lord Justice Christopher Clarke dismissed the motion once again, reaffirming Mr Pisarev's victory in this legal dispute.
According to the Daily Mail, Sir Terence Etherton, Lord Justice Lewison and Lord Justice Christopher Clarke, were told by Moran's queen's counsel, Stephen Auld, that the firm is claiming an estate-agent style commission for having showed the yacht to Miliavsky early in 2010, two years before he bought it.
Whilst Pisarev conceded Miliavsky, a friend of his, had been on the yacht in May 2010 with a Moran employee, he said it was not on his instructions and had not led to the sale. Miliavsky agreed with Pisarev that, at the time, he had no intention of buying the yacht and had only gone aboard briefly because of the "persistence" of the Moran employee.
Lord Justice Clarke said Miliavsky already owned a yacht at the time, "with which he was quite content", and it was "not surprising" that he was then uninterested in buying Pisarev's.
He added: "In those circumstances it is not necessary for us to consider whether the judge was right to hold, as he did, that Moran were not involved in the sale."
The judge dismissed the appeal and ordered Moran to pay Pisarev's £65,000 legal costs bill.
As for the 47-metre Heesen yacht, she has been sold again through Jonathan Barbe (Edmiston) and David Legrand (Fraser Yachts) to an unknown buyer in June 2015 after having received an interior refit in 2014. The asking price was set at 19,500,000 euros.
Following the sale, Mr Pisarev ended up in court after the brokerage agency who managed and crewed the yacht, Moran Yacht and Ship, argued they were owed a £615,000 commission on the deal, 4% of the sale price. Their claim was dismissed by the High Court in 2014, and on February 11th 2016 Lord Justice Christopher Clarke dismissed the motion once again, reaffirming Mr Pisarev's victory in this legal dispute.
According to the Daily Mail, Sir Terence Etherton, Lord Justice Lewison and Lord Justice Christopher Clarke, were told by Moran's queen's counsel, Stephen Auld, that the firm is claiming an estate-agent style commission for having showed the yacht to Miliavsky early in 2010, two years before he bought it.
Whilst Pisarev conceded Miliavsky, a friend of his, had been on the yacht in May 2010 with a Moran employee, he said it was not on his instructions and had not led to the sale. Miliavsky agreed with Pisarev that, at the time, he had no intention of buying the yacht and had only gone aboard briefly because of the "persistence" of the Moran employee.
Lord Justice Clarke said Miliavsky already owned a yacht at the time, "with which he was quite content", and it was "not surprising" that he was then uninterested in buying Pisarev's.
He added: "In those circumstances it is not necessary for us to consider whether the judge was right to hold, as he did, that Moran were not involved in the sale."
The judge dismissed the appeal and ordered Moran to pay Pisarev's £65,000 legal costs bill.
As for the 47-metre Heesen yacht, she has been sold again through Jonathan Barbe (Edmiston) and David Legrand (Fraser Yachts) to an unknown buyer in June 2015 after having received an interior refit in 2014. The asking price was set at 19,500,000 euros.