Mahan Air & Anor v Blue Sky One Ltd & Ors

Mahan Air & Anor v Blue Sky One Ltd & Ors

The Mahan Parties are liable for their own costs in the renewed application for permission to appeal regarding Aircraft 2's location, must pay PK's costs for the unsuccessful application to adduce new evidence, and must pay PK and the Balli Parties' costs for applications for security for costs, imposition of conditions on appeal, and stay of execution. Costs of granted renewed applications for permission to appeal are costs in the appeals. All costs to be assessed on the standard basis if not agreed. Interim payments of £45,000 to PK and £25,000 to the Balli Parties are ordered.

Parties
Appellant/defendant: Mahan Air; Appellant/defendant: Blue Sky Aviation Co FZE; Claimant/respondent: Blue Sky One Limited; Claimant/respondent: Blue Sky Two Limited; Claimant/respondent: Blue Sky Three Limited; Claimant/respondent: Balli Group PLC; Claimant/respondent: Crypton Limited; Claimant/respondent: Blue Sky Six Limited; Claimant/respondent: Blue Sky Four Limited; Claimant/respondent: Blue Sky Five Limited; Defendant/appellant: Blue Airways LLC; Claimant/respondent: PK AirFinance US Inc
Jurisdiction
England and Wales
Judgment Date
01 July 2011
Procedural Posture
Civil Appeal / Costs Determination After Judgment
Outcome
Costs orders made against the Mahan Parties; interim payments ordered.
Legal Topics
Costs, Appeals, Security for Costs, Interim Payments
Civil Procedure Costs Appeals Security for Costs Interim Payments

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Mahan Air

Appellant/defendant

Blue Sky Aviation Co FZE

Appellant/defendant

Blue Sky One Limited

Claimant/respondent

Blue Sky Two Limited

Claimant/respondent

Blue Sky Three Limited

Claimant/respondent

Balli Group PLC

Claimant/respondent

Crypton Limited

Claimant/respondent

Blue Sky Six Limited

Claimant/respondent

Blue Sky Four Limited

Claimant/respondent

Blue Sky Five Limited

Claimant/respondent

Blue Airways LLC

Defendant/appellant

PK AirFinance US Inc

Claimant/respondent

Procedural Posture

Civil Appeal / Costs Determination After Judgment

Legal Issues

  1. 1 Which parties are liable for costs following the judgment of 11 May 2011
  2. 2 Entitlement to costs for various applications including permission to appeal, adducing new evidence, security for costs, and stay of execution
  3. 3 Appropriate interim payments on account of costs

Ratio Decidendi

The Mahan Parties are liable for their own costs in the renewed application for permission to appeal regarding Aircraft 2's location, must pay PK's costs for the unsuccessful application to adduce new evidence, and must pay PK and the Balli Parties' costs for applications for security for costs, imposition of conditions on appeal, and stay of execution. Costs of granted renewed applications for permission to appeal are costs in the appeals. All costs to be assessed on the standard basis if not agreed. Interim payments of £45,000 to PK and £25,000 to the Balli Parties are ordered.

Court Disposition

Costs orders made against the Mahan Parties; interim payments ordered.

Orders

  • Mahan Parties to bear their own costs for renewed application for permission to appeal on Aircraft 2 location.
  • No order as to costs for other parties in relation to the ex parte application.