CargoLogicAir Ltd v WWTAI AirOpCo 1 Bermuda Ltd

CargoLogicAir Ltd v WWTAI AirOpCo 1 Bermuda Ltd

Permission is required for the Lessor's counterclaim as it is not solely defensive; permission is granted retrospectively and conditionally upon the Lessor not enforcing any money judgment without court or administrator consent, providing its best current estimate of market rent for the aircraft in its returned condition, and disclosing the sale contract to CLA.

Parties
Claimant: Cargologicair Ltd; Defendant: WWTAI AiroPCO 1 Bermuda Ltd
Jurisdiction
England and Wales
Judgment Date
25 November 2024
Procedural Posture
Commercial / Interlocutory Applications: Strike Out and Amendment of Counterclaim
Outcome
Counterclaim not struck out; permission granted retrospectively and conditionally; no order as to costs on Part 18 application.
Legal Topics
Moratorium in Administration, Permission for Counterclaim, Lease Termination, Damages Quantification, Disclosure Obligations
Insolvency Commercial Law Contract Law Moratorium in Administration Permission for Counterclaim Lease Termination Damages Quantification Disclosure Obligations

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Parties

Cargologicair Ltd

Claimant

WWTAI AiroPCO 1 Bermuda Ltd

Defendant

Procedural Posture

Commercial / Interlocutory Applications: Strike Out and Amendment of Counterclaim

Legal Issues

  1. 1 Whether permission is required under Insolvency Act 1986 for the defendant's counterclaim
  2. 2 Whether permission should be granted to amend and pursue the counterclaim
  3. 3 Adequacy of pleading and quantification of damages

Ratio Decidendi

Permission is required for the Lessor's counterclaim as it is not solely defensive; permission is granted retrospectively and conditionally upon the Lessor not enforcing any money judgment without court or administrator consent, providing its best current estimate of market rent for the aircraft in its returned condition, and disclosing the sale contract to CLA.

Court Disposition

Counterclaim not struck out; permission granted retrospectively and conditionally; no order as to costs on Part 18 application.

Orders

  • Defendant not to execute or enforce any money judgment obtained in counterclaim without court permission or administrator consent.
  • Defendant to provide its best current estimate of market rent obtainable for the aircraft in its returned condition, including documentation.