Olympic Council of Asia v Novans Jets LLP [2022] EWHC 88 (Comm) (19 January 2022)

Olympic Council of Asia v Novans Jets LLP [2022] EWHC 88 (Comm) (19 January 2022)

OCA was in breach of the ALPA by failing to pay the Disputed Invoice within the time required by the contract. The contract did not permit OCA to defer payment pending resolution of queries, nor was there an implied term requiring Novans to resolve such queries before payment. Novans was entitled to terminate the...

Source-derived case information.

Citation
[2022] EWHC 88 (Comm)
Parties
Claimant: Olympic Council of Asia; Defendant: Novans Jets LLP
Jurisdiction
England and Wales
Judgment Date
19 January 2022
Procedural Posture
Commercial Contract Dispute / High Court Trial Judgment
Outcome
Claim dismissed
Legal Topics
Repudiatory Breach, Implied Terms, Aircraft Lease, Unjust Enrichment, Construction of Contract
Contract Law Commercial Law Repudiatory Breach Implied Terms Aircraft Lease Unjust Enrichment Construction of Contract

Source-derived case record

Summary, issues, holding and outcome

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Parties

Olympic Council of Asia

Claimant

Novans Jets LLP

Defendant

Procedural Posture

Commercial Contract Dispute / High Court Trial Judgment

Legal Issues

  1. 1 Whether OCA was in repudiatory breach of the ALPA by failing to pay the Disputed Invoice
  2. 2 Whether Novans was entitled to terminate the ALPA under its terms or at common law
  3. 3 Whether OCA is entitled to restitution for unused block hours under unjust enrichment

Ratio Decidendi

OCA was in breach of the ALPA by failing to pay the Disputed Invoice within the time required by the contract. The contract did not permit OCA to defer payment pending resolution of queries, nor was there an implied term requiring Novans to resolve such queries before payment. Novans was entitled to terminate the ALPA for non-payment under clause 10(b) and/or 10(c). The express non-refundable payment clause precluded OCA's claim for restitution of unused block hours. Novans was not in breach for failing to cooperate with OCA's queries or for suspending/terminating the contract in the circumstances.

Court Disposition

Claim dismissed

Orders

  • OCA's claims for breach of contract and unjust enrichment are dismissed.
  • No order for restitution of unused block hours.