FW Aviation (Holdings) 1 Limited v VietJet Aviation Joint Stock Company

FW Aviation (Holdings) 1 Limited v VietJet Aviation Joint Stock Company

Prohibitory injunctive relief preventing VietJet from supplying materials or financing the Vietnamese shareholder proceedings is justified to protect FWA's court-ordered rights, but mandatory orders compelling VietJet to request withdrawal of those proceedings or to make statements are not justified, particularly given the lack of evidence, proximity of trial, and outstanding contempt proceedings. Comity and human rights considerations further militate against mandatory or overly broad prohibitory relief.

Parties
Claimant: FW Aviation (Holdings) 1 Limited; Defendant: VietJet Aviation Joint Stock Company
Jurisdiction
England and Wales
Judgment Date
26 July 2024
Procedural Posture
Commercial Court Claim / Interlocutory Application for Injunctive Relief
Outcome
Application granted in part; prohibitory injunctions made; mandatory relief refused.
Legal Topics
Injunctions, Comity, Disclosure, Contempt of Court, Aircraft Leasing, Foreign Proceedings
Commercial Law Civil Procedure International Law Injunctions Comity Disclosure Contempt of Court Aircraft Leasing +1 more

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Parties

FW Aviation (Holdings) 1 Limited

Claimant

VietJet Aviation Joint Stock Company

Defendant

Procedural Posture

Commercial Court Claim / Interlocutory Application for Injunctive Relief

Legal Issues

  1. 1 Whether VietJet should be restrained by injunction from supporting or financing Vietnamese shareholder proceedings interfering with FWA's rights over aircraft
  2. 2 Whether mandatory orders compelling VietJet to request withdrawal of Vietnamese proceedings should be granted
  3. 3 Whether prohibitory orders restricting VietJet's statements or conduct are justified

Ratio Decidendi

Prohibitory injunctive relief preventing VietJet from supplying materials or financing the Vietnamese shareholder proceedings is justified to protect FWA's court-ordered rights, but mandatory orders compelling VietJet to request withdrawal of those proceedings or to make statements are not justified, particularly given the lack of evidence, proximity of trial, and outstanding contempt proceedings. Comity and human rights considerations further militate against mandatory or overly broad prohibitory relief.

Court Disposition

Application granted in part; prohibitory injunctions made; mandatory relief refused.

Orders

  • VietJet prohibited from supplying materials in support of the Replacement Shareholder Claimants' position in Vietnamese proceedings.
  • VietJet prohibited from financing the Vietnamese shareholder proceedings.