Moran Yacht & Ship Inc v Pisarev & Anor Re 4YOU
2014
COMMERCIAL COURT
United Kingdom
CORAM
- THE HON. MR JUSTICE MALES
Areas of Law
- Contract Law
2014
COMMERCIAL COURT
United Kingdom
CORAM
AI Generated Summary
Moran Yacht & Ship Inc. sought commission on the sale of a yacht shown to Alexander Miliavsky in May 2010 and sold in February 2012. The brokers argued they were instructed to market the yacht and were the effective cause of the sale. However, the court found no evidence of such instructions at the May 2010 meeting, and Moran's showing of the yacht was not the effective cause of the sale.
Mr Justice Males :
INTRODUCTION
This is a claim by brokers for commission on the sale of a superyacht belonging to a company owned by a wealthy Russian, Kirill Pisarev. On 18 May 2010 the claimant yacht brokers showed the yacht to another wealthy Russian, Alexander Miliavsky. The brokers had no further contact with Mr Miliavsky thereafter, but some 21 months later, in February 2012, one of Mr Miliavsky’s companies agreed to buy the yacht from Mr Pisarev’s company for €19.8 million. The brokers say that they showed the yacht to Mr Miliavsky pursuant to instructions given by Mr Pisarev on 11 May 2010 to market the yacht for sale and that they were an effective cause of the sale to Mr Miliavsky’s company, and are therefore entitled to commission. Mr Pisarev and his company say that although he did instruct the brokers to market the yacht some months later, at the time when they showed the yacht to Mr Miliavsky they did so on their own initiative and not on Mr Pisarev’s instructions, and that in any event the brokers were not an effective cause of the later sale.
There are four issues to be determined:
Did Mr Pisarev instruct the claimant brokers to market the yacht at the meeting on 11 May 2010?
If so, were the brokers an effective cause of the sale to Mr Miliavsky’s company?
If so, to what commission are the brokers entitled?
Is Mr Pisarev personally liable for the tort of inducing breach of contract?
THE FACTS
The claimant, Moran Yacht & Ship Inc (“Moran”), is a yacht broker. The company is owned by Robert Moran, who is also its Chief Executive Officer. It is a Florida company based in Fort Lauderdale, but with offices in several countries. One such office is in Moscow. Robert Moran’s brother Paul is employed by the company as a senior sales executive.
The first defendant, Kirill Pisarev, is a wealthy Russian with business interests in various fields including property investment and development. The principal entity through which he conducts such business is a Russian company called PIK. He is the ultimate beneficial owner of the second defendant, Galaxias Maritime Ltd, a British Virgin Islands company. Mr Pisarev and Paul Moran first met in September 2009 at the Monaco Boat Show. At that time Galaxias was soon to take delivery of a 47 metre luxury yacht, the “4YOU”, which was being built in Holland at the Heesen Shipyard. Mr Pisarev asked if Mr Moran could recommend a captain to take command of the yacht. Mr Moran recommended Captain Gordon Scot