Goshawk Aviation Ltd & Ors v Terra Aviation Network S.A.S. & Ors

Goshawk Aviation Ltd & Ors v Terra Aviation Network S.A.S. & Ors

The Moulder Order for alternative service must be set aside as the court lacked jurisdiction to make such an order without granting permission to serve out. However, there was and remains good reason to permit alternative service and, if necessary, to extend time for service. The court will grant permission to serve out and order that steps already taken shall constitute good service. Each side to bear its own costs of the first application.

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—setting Aside Service, Alternative Service, Extension of Time, Costs
Outcome
Application to set aside service allowed; alternative service and extension of time to be granted; costs of first application—each party to bear own costs.
Legal Topics
Service of Process, Alternative Service, Jurisdiction, Extension of Time, Costs Orders
Civil Procedure Commercial Law Service of Process Alternative Service Jurisdiction Extension of Time Costs Orders

Case Brief

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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—setting Aside Service, Alternative Service, Extension of Time, Costs

Legal Issues

  1. 1 Whether the court should set aside service of the Claim Form on the Second and Third Defendants
  2. 2 Whether there was good reason for alternative service under CPR 6.15
  3. 3 Whether the Moulder Order was valid without permission to serve out

Ratio Decidendi

The Moulder Order for alternative service must be set aside as the court lacked jurisdiction to make such an order without granting permission to serve out. However, there was and remains good reason to permit alternative service and, if necessary, to extend time for service. The court will grant permission to serve out and order that steps already taken shall constitute good service. Each side to bear its own costs of the first application.

Court Disposition

Application to set aside service allowed; alternative service and extension of time to be granted; costs of first application—each party to bear own costs.

Orders

  • Moulder Order for alternative service set aside
  • Permission to serve out of the jurisdiction to be granted