By Gemma Handy
Lawyers who lost an eleventh-hour bid to prevent the completion of the Alfa Nero sale on Thursday are poised to appeal.
Attorney Dr David Dorsett confirmed to Observer yesterday that the appeal would “almost certainly” be filed next week.
Two days ago, the High Court rejected the application for an injunction seeking to halt the sale. Dr Dorsett is acting on behalf of Yulia Guryeva-Motlokhov, the daughter of sanctioned Russian fertiliser tycoon Andrey Gurvey, previously said to be the superyacht’s owner.
The appeal will comprise the latest development in the long-running saga surrounding the luxury vessel that has been controversially docked in Falmouth Harbour for more than a year.
And it again stymies efforts to banish the gargantuan boat from the nation’s waters as peak hurricane season approaches.
“Judge Rene Williams ruled against our application. The client has been made aware and her instructions are clear. We will proceed with an appeal,” Dr Dorsett said.
“We think the refusal should be challenged and we will be doing so with some speed.”
The Alfa Nero is owned by BVI-based firm Flying Dutchman whose 100 percent shareholder is a trust in the Channel Island of Guernsey. The sole beneficiary of that trust is Guryeva-Motlokhov.
On Thursday, hopes had been high that its sale to former Google boss Eric Schmidt was set to be sealed. The 68-year-old American submitted the winning bid in an auction held in Antigua on June 16.
Schmidt was given seven days to transfer his proffered US$67.6 million into the government Treasury or the second highest bid would be accepted instead. However, lawyers advised him to hold off until the conclusion of the latest legal wrangling.
Two weeks ago, a previous injunction application to block the sale – brought on behalf of Flying Dutchman, along with Vita Felice which claims to own artwork on board the boat – was denied by the Court of Appeal.
The government has long maintained the vessel, which it deems to have been abandoned, poses a threat to its environment, other boats and marina users. It has said it will keep the bulk of the sale proceeds, after satisfying debts the Alfa Nero has racked up for fuel, crew wages and other costs.
The 267-foot vessel, which remains docked in Falmouth Harbour and currently flies an Antiguan and Barbudan flag, has been steeped in contention since Guryev was added to international sanctions lists in response to Russia’s invasion of Ukraine.
Guryev has close links to Russian president Vladimir Putin. The 63-year-old billionaire is said to have acquired his fortune in the 1990s following the collapse of the Soviet Union by purchasing previously state-owned assets at undervalued prices.
