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"You Get It As Is, Where It Is": High Court of Australia Clarifies Cape Town Convention Redelivery and Recovery Remedies in the Virgin Australia Case | Perspectives & Events

On 16 March 2022, the High Court of Australia (the most senior court in Australia) handed down its judgment with respect to Virgin Australia's administrators'  obligation to "give possession" of an aircraft object, subject to a registered international interest, to a creditor of Virgin Australi...
United States Cape Town Western Cape South Africa The Cape New South Wales

Sanctions: "What, me worry?" - Corporate Jet Investor

An op-ed by Eric Lewin, Founder of The Law Offices of Eric Lewin Does the Cape Town Convention (CTC) shield Aviareto Limited (Aviareto) from liability for its failure to comply with economic sanctions and export controls? This question is important: Aviareto has a monopoly over a territory comprised of 83 countries and 1 Regional โ€ฆ Continue reading "Sanctions: โ€œWhat, me worry?โ€"
New York United States United Kingdom Cape Town Western Cape South Africa

Virgin administrators' approach upheld in world-first decision on key provision of international aviation convention - Knowledge

The High Court today gave the first decision, globally, of a Court of ultimate appeal on the question of the construction of Article XI(2) of the Cape Town Conventions protocol on Matters Specific to Aircraft Equipment (Aircraft Protocol), which is of seminal importance for financiers and lessors of aircraft property, insolvency administrators globally.
United States Cape Town Western Cape South Africa Richard Hughes John Greig

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Hope Rising for Leasing Company

Minister of Aviation, Senator Hadi Sirika The Ministry of Aviation recently notified the industry that the federal governmentโ€™s plan to establish aircraft leasing company is still in progress. Chinedu Eze writes that the initiative will significantly improve capacity of Nigerian airlines and could bring down airfares. The Minister of Aviation, Senator Hadi Sirika recently announced that the federal government has progressed in its plan to establish aircraft leasing company and make it easier ...
United States Cape Town Western Cape South Africa Benedict Adeyileka Musa Nuhu

Cape Town Convention: court rules that AirAsia X restructuring scheme is insolvency-related event

In its recent decision in AirAsia X Berhad v BOC Aviation Limited (Originating Summons WA-24NCC-467-10/2020), the high court held that a scheme of arrangement under Section 366 of the Companies Act 2016 is an insolvency-related event for the purposes of the Convention on International Interests in Mobile Equipment (the Cape Town Convention) and the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment (Aircraft Protocol). The Cape T...
Kuala Lumpur Cape Town Western Cape South Africa The Cape New South Wales

Landmark decision on first airline debt restructuring scheme due to COVID-19

AirAsia X Berhad v BOC Aviation Limited (Originating Summons WA-24NCC-467-10/2020). Summary On 19 February 2021 Judicial Commissioner Ong Chee Kwan allowed AirAsia X (AAX) Berhads application under Section 366 of the Companies Act 2016 for leave to convene creditors meetings to consider and approve an arrangement scheme. However, the judge disagreed with AAXs division of the scheme creditors into two classes: Class A โ€“ secured creditors; and Class B โ€“ unsecured creditors. The judge agreed w...
Cape Town Western Cape South Africa Airasiax Berhad Chee Kwan Cape Town Convention

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