Wilmington Trust SP Services (Dublin) Ltd & Ors v Spicejet Ltd [2021] EWHC 1117 (Comm) (30 April 2021)

Wilmington Trust SP Services (Dublin) Ltd & Ors v Spicejet Ltd [2021] EWHC 1117 (Comm) (30 April 2021)

The claimants are entitled to summary judgment for unpaid basic and supplemental rent under all three lease agreements, as the obligations to pay are absolute and unconditional and the defendant has no real prospect of defending these claims. However, the claim for restoration of the security deposit in relation to MSN 41397 must go to trial as there is an arguable defence that the deposit was wrongfully drawn down and not properly reallocated. Defences based on frustration, implied terms, and exclusion clauses do not provide a real prospect of success on the facts and law as applied to these leases.

Citation
[2021] EWHC 1117 (Comm)
Parties
Claimant: Wilmington Trust SP Services (Dublin) Limited; Claimant: Sabarmati Aviation Leasing Limited (formerly known as Sky Aircraft Cassia Two Limited); Claimant: Falgu Aviation Leasing Limited (formerly known as Sky Aircraft Cassia One Limited); Defendant: SpiceJet Limited
Jurisdiction
England and Wales
Judgment Date
30 April 2021
Procedural Posture
Commercial Court Summary Judgment Application / Summary Judgment Application Under CPR Part 24
Outcome
Summary judgment granted in part; claim for restoration of deposit to proceed to trial.
Legal Topics
Aircraft Leasing, Summary Judgment, Implied Terms, Exclusion Clauses, Frustration, Security Deposit, No Set Off Clauses
Commercial Law Contract Law Aviation Law Aircraft Leasing Summary Judgment Implied Terms Exclusion Clauses Frustration +2 more

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Parties

Wilmington Trust SP Services (Dublin) Limited

Claimant

Sabarmati Aviation Leasing Limited (formerly known as Sky Aircraft Cassia Two Limited)

Claimant

Falgu Aviation Leasing Limited (formerly known as Sky Aircraft Cassia One Limited)

Claimant

SpiceJet Limited

Defendant

Procedural Posture

Commercial Court Summary Judgment Application / Summary Judgment Application Under CPR Part 24

Legal Issues

  1. 1 Whether claimants are entitled to summary judgment for unpaid rent and restoration of security deposit under aircraft lease agreements
  2. 2 Whether the defendant has a real prospect of defending the claim on grounds including title to sue, illegality, calculation of supplemental rent, implied condition of satisfactory quality, exclusion clauses, frustration, and set-off

Ratio Decidendi

The claimants are entitled to summary judgment for unpaid basic and supplemental rent under all three lease agreements, as the obligations to pay are absolute and unconditional and the defendant has no real prospect of defending these claims. However, the claim for restoration of the security deposit in relation to MSN 41397 must go to trial as there is an arguable defence that the deposit was wrongfully drawn down and not properly reallocated. Defences based on frustration, implied terms, and exclusion clauses do not provide a real prospect of success on the facts and law as applied to these leases.

Court Disposition

Summary judgment granted in part; claim for restoration of deposit to proceed to trial.

Orders

  • Summary judgment for claimants for unpaid basic and supplemental rent under all three leases.
  • Claim for restoration of security deposit under MSN 41397 to proceed to trial.