Olympic Airlines SA v ACG Acquisition XX LLC

Olympic Airlines SA v ACG Acquisition XX LLC

The Certificate of Acceptance, pursuant to clause 7.9, constitutes conclusive proof that the aircraft was delivered in the contractually required condition, precluding Olympic from claiming damages for defective delivery. The judge below reached the correct result but for the wrong reason; the appeal is dismissed.

Parties
Appellant/defendant: Olympic Airlines SA; Respondent/claimant: ACG Acquisition XX LLC
Jurisdiction
England and Wales
Judgment Date
17 April 2013
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Aircraft Leasing, Estoppel, Contractual Interpretation, Damages, Conclusive Proof Clauses
Contract Law Commercial Law Aircraft Leasing Estoppel Contractual Interpretation Damages Conclusive Proof Clauses

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Parties

Olympic Airlines SA

Appellant/defendant

ACG Acquisition XX LLC

Respondent/claimant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Does the Certificate of Acceptance constitute conclusive proof that the aircraft was delivered in the contractually required condition?
  2. 2 Does a claim for damages for defective delivery survive execution of the Certificate of Acceptance?
  3. 3 Is an estoppel by representation or contract created by the Certificate of Acceptance?

Ratio Decidendi

The Certificate of Acceptance, pursuant to clause 7.9, constitutes conclusive proof that the aircraft was delivered in the contractually required condition, precluding Olympic from claiming damages for defective delivery. The judge below reached the correct result but for the wrong reason; the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Olympic's counterclaim fails
  • ACG's claim succeeds, subject to quantification of damages