Oyster Yachts in liquidation

Nov 8, 2010
11,386
Beneteau First 36.7 & 260 Minneapolis MN & Bayfield WI
The wild part is the the owner was made whole by his insurance company in 2016. He is suing Oyster for £2.2M, some for actual hard losses (crew training, stuff on the boat, etc), but the vast majority for personal stress, endangerment, etc. That's all Oyster was on the hook for, unless people were bailing out of the order book. Oyster had sued the contact builder for £7.2M but was awarded £400K. Probably based on the above. Seems they could have just offered that to the owner, said sorry and shook hands.
 

Gunni

.
Mar 16, 2010
5,937
Beneteau 411 Oceanis Annapolis
Unless there is a way they can scrub off the liability, they are in for their own personal bloodbath.
Have you seen anything that names the Dutch equity investors as party to the loss? I haven't. The Russian owner was paid for the vessel loss by his insurer and appeared to be looking for some kind of mental anguish compensation settlement. This may advance to court where there would be claims against the value of Oyster, but equity guys are pretty good at insulating themselves against liability beyond the value of their purchase. The Russian seems to be avoiding a lawsuit. We haven't heard of any subrogation claim by the owner's insurer against Oyster. Strange. Things could be going on behind the scenes. Maybe the equity guys collapsed Oyster to sell it and generate funds. One thing we do know, it takes more than money and a boatyard to build an Oyster.
 
Nov 8, 2010
11,386
Beneteau First 36.7 & 260 Minneapolis MN & Bayfield WI
Have you seen anything that names the Dutch equity investors as party to the loss? I haven't. The Russian owner was paid for the vessel loss by his insurer and appeared to be looking for some kind of mental anguish compensation settlement. This may advance to court where there would be claims against the value of Oyster, but equity guys are pretty good at insulating themselves against liability beyond the value of their purchase. The Russian seems to be avoiding a lawsuit. We haven't heard of any subrogation claim by the owner's insurer against Oyster. Strange. Things could be going on behind the scenes. Maybe the equity guys collapsed Oyster to sell it and generate funds. One thing we do know, it takes more than money and a boatyard to build an Oyster.
No except, for the fact that they hold the UKP15m investment.

What I do not understand is why Oyster was so set on suing the contract builder for £7M when the owner was made whole for the hull loss. Or why they took a £5.2M write-off on the books. The claim against the contract builder was awarded at £400k, which seems reasonable to fix the other three hulls.

Interesting bit from the London Times last week.

Investors pulled the plug on a luxury boatbuilder after growing impatient with delays in a £7.2 million insurance claim against a subcontractor over a sunken yacht, its chief executive confirmed yesterday.

Oyster Yachts, which was founded in 1973 and employed 400 people in Southampton, Ipswich, Wroxham, Majorca and Rhode Island in the United States, said last week that it was talking to administrators after HTP Investments, its Dutch backer, withdrew funds. All staff had to be made redundant.

Problems began to emerge in 2015, when the Polina Star III, one of Oyster’s luxury yachts, sank off the coast of Spain in July, leaving a £5.8 million hole in the company’s balance sheet.

The yacht maker filed a £7.2 million claim against Bridgland Moulders, a subcontractor based in Norwich, which it accused of failing to carry out the moulding on the boat properly. The additional costs also covered repairs to three additional vessels — the Reina, Meagan and Albatross — made using the same moulding technique.

It is understood that insurers have paid £400,000, but £6.8 million remains outstanding. To the frustration of the Dutch investors, the settlement has been beset with delays.

At the beginning of the year, after more than two years of fruitless attempts to recover the costs, an arbitration date was pushed back again several months, David Tydeman, Oyster’s chief executive, said.

“The date slipped back to around May and that influenced the appetite of the investors,” he said. Although insolvency advisors have been called in, Mr Tydeman insisted that all hope had not been lost: “We are working to try and rescue the company and there are still some opportunities that we are looking into,” he said, without disclosing further details.

Last Monday, a letter to staff from the company made clear that, as it had been unable to secure “financial support to continue to trade”, there was a risk that it would be “unable to continue to provide work for all its employees at all locations” and that it was likely that it would have to make all its workers redundant.

Staff at the company’s Southampton and Wroxham sites told The Times that they were shocked by the news, particularly as last year ended with a healthy £80 million order book for 25 yachts. Some offered to work without pay to help to get the firm back on its feet.

Since 1973, Oyster has built bespoke vessels for wealthy international customers, with a mantra that boasts: “choice not compromise”. Previous briefs have included the installation of a 100-litre stainless steel rum tank, which could be filled straight from the deck, and the construction of a crow’s nest on a 56ft boat so that the customer could “stare down at the reefs in the clear water” during trips around Scandinavia.

Bridgland Moulders did not respond to requests for comment.
 

Gunni

.
Mar 16, 2010
5,937
Beneteau 411 Oceanis Annapolis
What I do not understand is why Oyster was so set on suing the contract builder for £7M when the owner was made whole for the hull loss. Or why they took a £5.2M write-off on the books. The claim against the contract builder was awarded at £400k, which seems reasonable to fix the other three hulls.
That 7million against the keel stub molder would have been an attempt to shift liability for everything to them - loss of Polina Star, the salvage recovery costs, and the cost to repair the other boats. Oyster had to take the balance sheet loss because Polina Star was under warranty, and had been a complete loss due to manufacturer defect. While the owner was made whole by his insurer he would have released all recourse to recover the insured loss to the insurer, who would come looking for the payout. The 400k award would suggest that Oyster was found to have an obligation to inspect that the keel stub builders product before they assembled it into their boats and sold it to customers. That seems reasonable.


Staff at the company’s Southampton and Wroxham sites told The Times that they were shocked by the news .... Some offered to work without pay to help to get the firm back on its feet.
This is the part that I really hate, and I see it played out time after time. Incompetent management and derelict ownership ruin the lives of so many people who were just doing their job. Like what American auto companies did to host communities and their workforce after profiting for years designing and selling inferior junk.
 
Nov 8, 2010
11,386
Beneteau First 36.7 & 260 Minneapolis MN & Bayfield WI
That 7million against the keel stub molder would have been an attempt to shift liability for everything to them - loss of Polina Star, the salvage recovery costs, and the cost to repair the other boats. Oyster had to take the balance sheet loss because Polina Star was under warranty, and had been a complete loss due to manufacturer defect. While the owner was made whole by his insurer he would have released all recourse to recover the insured loss to the insurer, who would come looking for the payout. The 400k award would suggest that Oyster was found to have an obligation to inspect that the keel stub builders product before they assembled it into their boats and sold it to customers. That seems reasonable.
That seems like a very reasonable explanation of what happened. I'd venture that it also explains why Oyster never took responsibility for the loss, doing so would leave them wide open to a lawsuit from the insurer. As it is, they have yet to file a suit.
 
Last edited:

CarlN

.
Jan 4, 2009
603
Ketch 55 Bristol, RI
I still haven't seen anything that doesn't make me suspect "business as usual" from a Private Equity company. HTP invested £15M in Oyster but has owned it plenty long enough that it's possible for them to have paid themselves £15M in dividends and "management fees" along the way to get that money out (using cash flow or just debt they put on Oyster's balance sheet). Perfectly legal and routine for PE companies. It protects their downside while preserving their upside. The keel failure makes Oysters profitability over the next five years look bleak, so they may have just pulled the plug and walked away in search of a better investment returns. The employees, management, the lenders, insurance companies and Oyster owners are left holding the bag from the keel failure. I know it's cynical, but I expect that's what may ultimately turn out to be the case. Not illegal or even unethical for a PE company.
 
Last edited:

Gunni

.
Mar 16, 2010
5,937
Beneteau 411 Oceanis Annapolis
Looks like he got everything except liability for the Polina Star sinking. Cleaned out the C-suite and brought on a powerboat COO with build experience. Now they just need to sell more boats.