Olympic Council of Asia v Novans Jets LLP [2021] EWHC 1063 (Comm) (30 April 2021)

Olympic Council of Asia v Novans Jets LLP [2021] EWHC 1063 (Comm) (30 April 2021)

The application for summary judgment is dismissed because the defendant has a real prospect of defending the claim on the basis of the 'non-refundable' clause and/or the penalty doctrine, and the factual and commercial context requires exploration at trial. The issues of contractual interpretation, penalty, and change of position are not suitable for summary determination on the current evidence and pleadings.

Citation
[2021] EWHC 1063 (Comm)
Parties
Claimant: Olympic Council of Asia; Defendant: Novans Jets LLP
Jurisdiction
England and Wales
Judgment Date
30 April 2021
Procedural Posture
Commercial Court Claim (summary Judgment Application) / Summary Judgment Application Prior to Trial
Outcome
Application for summary judgment dismissed; matter to proceed to trial.
Legal Topics
Summary Judgment, Unjust Enrichment, Interpretation of Contract, Penalty Clauses, Change of Position Defence
Contract Law Restitution/unjust Enrichment Commercial Law Summary Judgment Unjust Enrichment Interpretation of Contract 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 Court Claim (summary Judgment Application) / Summary Judgment Application Prior to Trial

Legal Issues

  1. 1 Whether the claimant is entitled to summary judgment for restitution of sums paid under a terminated aircraft lease agreement on the basis of unjust enrichment and failure of basis.
  2. 2 Whether the 'non-refundable' clause in the contract precludes a claim for restitution after termination.
  3. 3 Whether the 'non-refundable' clause is void as a penalty.

Ratio Decidendi

The application for summary judgment is dismissed because the defendant has a real prospect of defending the claim on the basis of the 'non-refundable' clause and/or the penalty doctrine, and the factual and commercial context requires exploration at trial. The issues of contractual interpretation, penalty, and change of position are not suitable for summary determination on the current evidence and pleadings.

Court Disposition

Application for summary judgment dismissed; matter to proceed to trial.

Orders

  • Application for summary judgment dismissed.
  • Parties to attempt to agree terms of order; if not, written submissions to be lodged by specified dates.