Goshawk Aviation Ltd & Ors v Terra Aviation Network S.A.S. & Ors [2021] EWHC 1029 (Comm) (23 April 2021)

Goshawk Aviation Ltd & Ors v Terra Aviation Network S.A.S. & Ors [2021] EWHC 1029 (Comm) (23 April 2021)

Service by alternative means under CPR 6.15 was justified due to procedural complexity, delay in diplomatic service, and the need for efficient litigation. The Moulder Order was valid, no material non-disclosure occurred, and extension of time for service was granted. Costs of the first application awarded to Claimants.

Citation
[2021] EWHC 1029 (Comm)
Parties
Claimant: Goshawk Aviation Limited; Claimant: Pioneer Aircraft Leasing One Limited; Claimant: Myna Leasing Three Limited; Claimant: Myna Leasing Limited; Claimant: Arcadia Leasing 1 Limited; Claimant: Arcadia Leasing 2 Limited; Claimant: Jetair 14 Limited; Claimant: Jetair 15 Limited; Claimant: Kapuas Aviation Leasing Limited; Defendant: Terra Aviation Network S. A. S.; Defendant: PT Lion Mentari Tbk; Defendant: Thai Lion Mentari Co. Ltd; Defendant: PT Langit Esa Oktagon; Defendant: Ciel Voyage S. A. S.
Jurisdiction
England and Wales
Judgment Date
23 April 2021
Procedural Posture
Commercial Court Claim / Interlocutory Application—challenge to Service, Extension of Time, Costs Order
Outcome
Application to set aside service dismissed; extension of time for service granted; costs awarded to Claimants.
Legal Topics
Service of Process, Alternative Service, Extension of Time, Aircraft Leasing, Jurisdiction, Material Non Disclosure, Costs
Civil Procedure Commercial Law International Litigation Service of Process Alternative Service Extension of Time Aircraft Leasing Jurisdiction +2 more

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Parties

Goshawk Aviation Limited

Claimant

Pioneer Aircraft Leasing One Limited

Claimant

Myna Leasing Three Limited

Claimant

Myna Leasing Limited

Claimant

Arcadia Leasing 1 Limited

Claimant

Arcadia Leasing 2 Limited

Claimant

Jetair 14 Limited

Claimant

Jetair 15 Limited

Claimant

Kapuas Aviation Leasing Limited

Claimant

Terra Aviation Network S. A. S.

Defendant

PT Lion Mentari Tbk

Defendant

Thai Lion Mentari Co. Ltd

Defendant

PT Langit Esa Oktagon

Defendant

Ciel Voyage S. A. S.

Defendant

Procedural Posture

Commercial Court Claim / Interlocutory Application—challenge to Service, Extension of Time, Costs Order

Legal Issues

  1. 1 Whether service by alternative means under CPR 6.15 was valid
  2. 2 Whether the Moulder Order should be set aside for material non-disclosure
  3. 3 Whether extension of time for service should be granted

Ratio Decidendi

Service by alternative means under CPR 6.15 was justified due to procedural complexity, delay in diplomatic service, and the need for efficient litigation. The Moulder Order was valid, no material non-disclosure occurred, and extension of time for service was granted. Costs of the first application awarded to Claimants.

Court Disposition

Application to set aside service dismissed; extension of time for service granted; costs awarded to Claimants.

Orders

  • Service by email to solicitors deemed valid under CPR 6.15
  • Extension of time for service of Claim Form granted