This section summarises the history of Orders to which the Luna has been subject since 2016 and 2019.
The Luna is/has been subject to a number of orders:
- 15 December 2016 Judgment (England): The Luna was identified as part of the marital assets against which Tatiana’s entitlement to financial settlement was calculated.
- 20 December 2016 Freezing Order (England): Qubo 2 was made jointly and severally liable for the Judgment Debt, and a freezing order granted against its assets. In breach of this order, on 8 March 2017 Qubo 2 transferred the Luna to Straight.
- 28 December 2016 Freezing Order (Liechtenstein): The Lichtenstein Court made a freezing order against Qubo 2 prohibiting the disposal of M.V. “Luna” and made payment orders against Qubo 2.
- 21 March 2018 Order of Mr Justice Haddon-Cave: Haddon-Cave J ordered that the Luna be transferred to Tatiana within 7 days, and ordered that Straight pay the judgment debt up to the current value of the Luna. In contempt of Court, Straight and Farkhad have failed to comply with this order.1 The effect of this order is that Tatiana holds absolute beneficial title to the Luna.
- 8 August 2018 Injunction (Marshall Islands): Tatiana has obtained a preliminary injunction in the Republic of the Marshall Islands, preventing Straight Establishment or its agent or representatives from “disposing of, selling, transferring, encumbering, removing, paying over, conveying or otherwise interfering with the vessel M/Y Luna… wherever located, during the pendency of this action”.
- 26 March 2019 order (England): Mrs Justice Knowles made an order requiring Straight, amongst other things, to take certain steps intended to ensure that the Luna could not be moved from Dubai, and to provide disclosure. On 21 May 2020, Straight complied with its obligation to instruct the Luna’s crew she not be moved.
- 17 September 2019 judgment (RMI) – Summary Judgment: Tatiana obtained an order of the RMI High Court granting summary judgment of her application for recognition of the English judgments against Straight to the extent of GBP125,569,492, fees, costs and interest. That debt may now be enforced against Straight in the RMI (the flag state) against the Luna
- 22 February 2021 (Dubai): The Dubai Court of First Instance grants an arrest of the Luna based on a judgment in proceedings brought by Farkhad against his alter ego / nominee, Straight Establishment, in relation to a debt allegedly owing.
- 8 December 2020 (RMI): The RMI High Court ordered that in order to obtain a stay of execution of the Summary Judgment, Straight must post a bond of US$250 million within 14 days. Straight failed to do so. Instead, Straight filed a motion with the Supreme Court objecting against that order, maintaining that it cannot afford this bond as it has no assets (other than the Luna), and that such a bond is unnecessary because Tatiana is protected by the Preliminary Injunction.
- 28 December 2020 (RMI): The Supreme Court maintained that Straight must post a bond of US$250 million. Again, Straight failed to post the bond.
- 22 March 2021 (RMI) – RMI Turnover Order: The RMI High Court issued a turnover order – pursuant to this, Straight were given yet another 14 days to post a bond, this time in the amount of US$125 million, failing which title to the Luna must be transferred into the name of Tatiana or her nominee.
- 5 April 2021(RMI): The deadline for posting the US$125 million bond expires. Straight once again fails to post the bond. Accordingly, and pursuant to the RMI Turnover Order, title to the Luna must be transferred to Tatiana.