ACG Acquisition XX LLC v Olympic Airlines SA [2010] EWHC 923 (Comm) (21 April 2010)

ACG Acquisition XX LLC v Olympic Airlines SA [2010] EWHC 923 (Comm) (21 April 2010)

Olympic has a real prospect of establishing a claim for breach of delivery condition under the lease, and their claim may defeat ACG's claim for rent due to total failure of consideration. The Certificate of Acceptance does not constitute conclusive proof of contractual compliance, nor does it bar Olympic's damages claim. Summary judgment is inappropriate; security for costs is not ordered.

Citation
[2010] EWHC 923 (Comm)
Parties
Applicant/claimant: ACG Acquisition XX LLC; Respondent/defendant: Olympic Airlines SA
Jurisdiction
England and Wales
Judgment Date
21 April 2010
Procedural Posture
Commercial Lease Dispute / Summary Judgment Application
Outcome
ACG's applications for summary judgment and security for costs dismissed.
Legal Topics
Lease Agreements, Airworthiness, Exclusion Clauses, Failure of Consideration, Summary Judgment, Security for Costs
Contract Law Commercial Law Aviation Law Lease Agreements Airworthiness Exclusion Clauses Failure of Consideration Summary Judgment +1 more

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Parties

ACG Acquisition XX LLC

Applicant/claimant

Olympic Airlines SA

Respondent/defendant

Procedural Posture

Commercial Lease Dispute / Summary Judgment Application

Legal Issues

  1. 1 Whether Olympic can claim for breach of delivery condition under the lease
  2. 2 Whether Olympic's claim can defeat ACG's claim for rent
  3. 3 Whether summary judgment is appropriate

Ratio Decidendi

Olympic has a real prospect of establishing a claim for breach of delivery condition under the lease, and their claim may defeat ACG's claim for rent due to total failure of consideration. The Certificate of Acceptance does not constitute conclusive proof of contractual compliance, nor does it bar Olympic's damages claim. Summary judgment is inappropriate; security for costs is not ordered.

Court Disposition

ACG's applications for summary judgment and security for costs dismissed.

Orders

  • Olympic's counterclaim may be relied upon as a defence to ACG's claim.
  • Costs summarily assessed at £44,000 payable by ACG to Olympic.