Triple Seven Msn 27251 Ltd & Anor v Azman Air Services Ltd

Triple Seven Msn 27251 Ltd & Anor v Azman Air Services Ltd

The mistaken assumption regarding GACA approval was not sufficiently fundamental to render the lease agreements void for common mistake, and the contracts allocated the risk of non-approval to Azman; therefore, Azman is liable for breach and Claimants are entitled to damages.

Parties
Claimant: Triple Seven MSN 27251 Limited; Claimant: Triple Seven (CIS) Limited; Defendant: Azman Air Services Limited
Jurisdiction
England and Wales
Judgment Date
05 June 2018
Procedural Posture
Commercial Lease Dispute / Final Judgment
Outcome
Claim allowed
Legal Topics
Common Mistake, Breach of Contract, Damages, Lease Agreements, Allocation of Risk
Contract Law Common Mistake Breach of Contract Damages Lease Agreements Allocation of Risk

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Parties

Triple Seven MSN 27251 Limited

Claimant

Triple Seven (CIS) Limited

Claimant

Azman Air Services Limited

Defendant

Procedural Posture

Commercial Lease Dispute / Final Judgment

Legal Issues

  1. 1 Whether the lease agreements are void for common mistake
  2. 2 Whether the Claimants are entitled to damages for breach of contract

Ratio Decidendi

The mistaken assumption regarding GACA approval was not sufficiently fundamental to render the lease agreements void for common mistake, and the contracts allocated the risk of non-approval to Azman; therefore, Azman is liable for breach and Claimants are entitled to damages.

Court Disposition

Claim allowed

Orders

  • Lease agreements not void for common mistake
  • Azman to pay Claimants US$22,007,888.98 in damages