Olympic Council of Asia v Novans Jets LLP

Olympic Council of Asia v Novans Jets LLP

Summary judgment is refused because the 'non-refundable' clause's effect post-termination and as a penalty cannot be determined without full evidence of commercial context; Novans has a real prospect of defending the claim at trial.

Parties
Claimant: Olympic Council of Asia; Defendant: Novans Jets LLP
Jurisdiction
England and Wales
Judgment Date
30 April 2021
Procedural Posture
Commercial Contract Dispute / Summary Judgment Application
Outcome
Application for summary judgment dismissed
Legal Topics
Aircraft Lease, Summary Judgment, Failure of Consideration, Penalty Clauses, Change of Position Defence
Contract Law Restitution Unjust Enrichment Aircraft Lease Summary Judgment Failure of Consideration Penalty Clauses Change of Position Defence

Case Brief

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Parties

Olympic Council of Asia

Claimant

Novans Jets LLP

Defendant

Procedural Posture

Commercial Contract Dispute / Summary Judgment Application

Legal Issues

  1. 1 Whether OCA has a prima facie claim in unjust enrichment for partial failure of basis
  2. 2 Whether 'non-refundable' clause precludes restitution claim
  3. 3 Whether the 'non-refundable' clause is void as a penalty

Ratio Decidendi

Summary judgment is refused because the 'non-refundable' clause's effect post-termination and as a penalty cannot be determined without full evidence of commercial context; Novans has a real prospect of defending the claim at trial.

Court Disposition

Application for summary judgment dismissed

Orders

  • Matter to proceed to trial
  • Parties to agree minute of order or submit written submissions if not agreed