Aerostar Maintenance International Ltd & Anor v Wilson & Ors

Aerostar Maintenance International Ltd & Anor v Wilson & Ors

Mr Wilson, as director of AMIL, breached his fiduciary duties by diverting a business opportunity to Avman for his own benefit, assisted and induced by Mr Ashfield and Avman. The court found the alleged obstacles to AMIL securing the contracts (working capital, penalty clause, Romaero's debt) were not substantiated. Mr Ashfield and Avman were liable for inducing breach of contract, conspiracy, dishonest assistance, and knowing receipt. AMIL was entitled to an account of profits or equitable compensation for the loss of an 80% chance of securing the contracts. The Globespan claims failed as the sums were not shown to be due to AMIL or CAS.

Parties
Claimant: Aerostar Maintenance International Limited; Claimant: Commercial Aviation Services Limited; Defendant: Christopher Wilson; Defendant: Jeffrey Ashfield; Defendant: Avman Limited; Defendant: Joanne Harriss
Jurisdiction
England and Wales
Judgment Date
30 July 2010
Procedural Posture
Civil / Judgment After Trial on Liability
Outcome
Judgment for the claimants on the main claims; Globespan claims dismissed
Legal Topics
Breach of Fiduciary Duty, Accessory Liability, Dishonest Assistance, Knowing Receipt, Inducing Breach of Contract, Conspiracy to Injure by Unlawful Means
Company Law Equity Tort Breach of Fiduciary Duty Accessory Liability Dishonest Assistance Knowing Receipt Inducing Breach of Contract +1 more

Case Brief

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Parties

Aerostar Maintenance International Limited

Claimant

Commercial Aviation Services Limited

Claimant

Christopher Wilson

Defendant

Jeffrey Ashfield

Defendant

Avman Limited

Defendant

Joanne Harriss

Defendant

Procedural Posture

Civil / Judgment After Trial on Liability

Legal Issues

  1. 1 Whether Mr Wilson breached fiduciary duties as director of AMIL by diverting a business opportunity to a new company under his control
  2. 2 Whether Mr Ashfield and Avman are liable as accessories for inducing breach of contract, conspiracy, dishonest assistance, and knowing receipt
  3. 3 Whether AMIL suffered loss as a result of the diversion of the business opportunity

Ratio Decidendi

Mr Wilson, as director of AMIL, breached his fiduciary duties by diverting a business opportunity to Avman for his own benefit, assisted and induced by Mr Ashfield and Avman. The court found the alleged obstacles to AMIL securing the contracts (working capital, penalty clause, Romaero's debt) were not substantiated. Mr Ashfield and Avman were liable for inducing breach of contract, conspiracy, dishonest assistance, and knowing receipt. AMIL was entitled to an account of profits or equitable compensation for the loss of an 80% chance of securing the contracts. The Globespan claims failed as the sums were not shown to be due to AMIL or CAS.

Court Disposition

Judgment for the claimants on the main claims; Globespan claims dismissed

Orders

  • Declaration that Mr Wilson breached fiduciary duties and contract
  • Declaration that Mr Ashfield and Avman are liable as accessories (inducing breach, conspiracy, dishonest assistance, knowing receipt)