The High Court allowed the Hudson Morgan William’s application for permission to amend the entire defence to counterclaim against the sum of Euro 4,590,000.00.

The claim arises out of a wet lease Agreement dated 9 December 2019 for Airbus A320. Fibula was required to pay Just Air a security deposit of €765,000 on signing the Lease and make staged payments in accordance with the schedule contained in the Lease, amounting to the sum of €4,590,000. Fibula issued the claim on 8 October 2020, seeking the return of the Deposit of Euro 765,000.00 on the following basis;

1. Force Majeure due to Covid 19;
2. Repudiatory breach by Just Us;
3. Frustration; and
4. Illegality.

Fibula’s claim for the return of deposit monies paid pursuant to a lease of an aircraft was dismissed on a summary judgment application by HHJ Pelling KC.
Hudson Morgan Williams successfully applied to amend all defence to counterclaim on the following.

1. Lease never came under any payment obligations by reason of Just Us’ alleged failure to complete a successful audit;
2. That the Lease never came into force because authorisations had not been obtained from the civil aviation authorities of Turkey and Romania;

Pdf Judgment