OLYMPIC COUNCIL OF ASIA v NOVANS JETS LLP

OLYMPIC COUNCIL OF ASIA v NOVANS JETS LLP

OCA was not in repudiatory breach as its conduct did not objectively evince an intention to abandon the contract; Novans was not entitled to terminate or suspend the contract under clauses 10(b) or 10(c) for non-payment of Excluded Expenses; OCA is entitled to restitution for unused block hours as consideration is severable; the 'non-refundable' clause does not bar restitution in these circumstances; Novans is entitled to the adjusted amount of the Disputed Invoice, to be set off against OCA's claim.

Parties
Claimant: Olympic Council of Asia; Defendant: Novans Jets LLP
Jurisdiction
England and Wales
Judgment Date
19 January 2022
Procedural Posture
Commercial Contract Dispute / Final Judgment After Trial
Outcome
Judgment for the Claimant (OCA) on main claims; partial judgment for Defendant (Novans) on counterclaim for adjusted Disputed Invoice; account to be taken for profit share; directions to be agreed or set by court.
Legal Topics
Repudiatory Breach, Termination of Contract, Unjust Enrichment, Interpretation of Contract Terms, Aircraft Lease Agreements
Contract Law Commercial Law Repudiatory Breach Termination of Contract Unjust Enrichment Interpretation of Contract Terms Aircraft Lease Agreements

Case Brief

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Parties

Olympic Council of Asia

Claimant

Novans Jets LLP

Defendant

Procedural Posture

Commercial Contract Dispute / Final Judgment After Trial

Legal Issues

  1. 1 Whether OCA was in repudiatory breach for non-payment of the Disputed Invoice
  2. 2 Whether Novans was entitled to terminate or suspend the contract under clauses 10(b) or 10(c)
  3. 3 Whether OCA is entitled to restitution for unused block hours on grounds of unjust enrichment

Ratio Decidendi

OCA was not in repudiatory breach as its conduct did not objectively evince an intention to abandon the contract; Novans was not entitled to terminate or suspend the contract under clauses 10(b) or 10(c) for non-payment of Excluded Expenses; OCA is entitled to restitution for unused block hours as consideration is severable; the 'non-refundable' clause does not bar restitution in these circumstances; Novans is entitled to the adjusted amount of the Disputed Invoice, to be set off against OCA's claim.

Court Disposition

Judgment for the Claimant (OCA) on main claims; partial judgment for Defendant (Novans) on counterclaim for adjusted Disputed Invoice; account to be taken for profit share; directions to be agreed or set by court.

Orders

  • Novans to pay OCA US$6,995,540.50 for unused block hours (subject to set-off for Disputed Invoice)
  • Novans to pay OCA US$83,544 for damages following suspension