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Aircraft Leasing Dispute Raises Issue Of The Remedy Of Summary Judgement For Non-Liquidated Sums

25 October 2012
Category: Legal Updates

The Court considered the availability of summary judgement procedures to litigants in Ireland as a means of speedy resolution of disputes where it can be shown that the defendant lacks a reasonable prospect of success.

The judgement in the case was delivered ex-tempore by Mr Justice Kelly on 27 July 2012.

Background

Abbey, a limited liability Irish company was engaged in the business of aircraft leasing. Abbey agreed to lease three (3) helicopters (the “Aircraft”) and a medical kit to Point Ireland Helicopters (“Point”)2. Point subleased the Aircraft and medical kit to Elitaliana SpA.  The defendants defaulted in payment of rent under the leases and subleases and the leases contained usual “hell or high water clauses”, absolute obligations and no deduction provisions.  The defendants accepted that arrears of €3,195,000 were owed.

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