Wilmington Trust SP Services (Dublin) Ltd & Ors v Spicejet Ltd

Wilmington Trust SP Services (Dublin) Ltd & Ors v Spicejet Ltd

Summary judgment granted for undisputed rent and supplemental rent claims; deposit restoration claim to proceed to trial due to arguable defence regarding improper drawdown and reallocation; stay of execution granted for all judgments to facilitate ADR and protect defendant from insolvency risk; implied conditions not clearly excluded; frustration not established as ban is temporary and risk allocated to lessee.

Parties
Claimant: Wilmington Trust SP Services (Dublin) Limited; Claimant: Sabarmati Aviation Leasing Limited; Claimant: Falgu Aviation Leasing Limited; Defendant: Spicejet Limited
Jurisdiction
England and Wales
Judgment Date
30 April 2021
Procedural Posture
Commercial Lease Dispute / Summary Judgment Application
Outcome
Summary judgment granted in part; deposit restoration claim to trial; execution stayed for ADR and pending trial.
Legal Topics
Summary Judgment, Frustration of Contract, Implied Terms, Exclusion Clauses, Set Off, ADR, Deposit Restoration
Contract Law Commercial Law Aviation Law Summary Judgment Frustration of Contract Implied Terms Exclusion Clauses Set Off +2 more

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Parties

Wilmington Trust SP Services (Dublin) Limited

Claimant

Sabarmati Aviation Leasing Limited

Claimant

Falgu Aviation Leasing Limited

Claimant

Spicejet Limited

Defendant

Procedural Posture

Commercial Lease Dispute / Summary Judgment Application

Legal Issues

  1. 1 Whether claimants are entitled to summary judgment for unpaid rent and restoration of deposit under aircraft lease agreements
  2. 2 Whether statutory implied conditions of satisfactory quality are excluded
  3. 3 Whether frustration or illegality excuses performance

Ratio Decidendi

Summary judgment granted for undisputed rent and supplemental rent claims; deposit restoration claim to proceed to trial due to arguable defence regarding improper drawdown and reallocation; stay of execution granted for all judgments to facilitate ADR and protect defendant from insolvency risk; implied conditions not clearly excluded; frustration not established as ban is temporary and risk allocated to lessee.

Court Disposition

Summary judgment granted in part; deposit restoration claim to trial; execution stayed for ADR and pending trial.

Orders

  • Judgment for First Claimant for US$2,464,600 (Basic Rent US$752,992; Supplemental Rent US$1,711,608)
  • Judgment for Second Claimant for US$11,663,456.59