Odyssey Aviation Ltd V GFG 737 Limited [2019]

Odyssey Aviation Ltd V GFG 737 Limited [2019] EWHC 1927 (Comm)

“The Buyer cancelled an aircraft purchase contract, alleging Seller's breach of warranty of title (the Seller intending to acquire the aircraft with completion funds from the Buyer). In dismissing the Buyer's claim for return of the holding deposit,…

“The Buyer cancelled an aircraft purchase contract, alleging Seller's breach of warranty of title (the Seller intending to acquire the aircraft with completion funds from the Buyer). In dismissing the Buyer's claim for return of the holding deposit, the Court found that the warranty as to title only applied at the time of delivery, thus the Seller was not obliged to produce title documents prior to that. In cancelling, the Buyer was in repudiatory breach such that its complaint that the Seller failed to have the aircraft at the delivery location must also fail.”

Louise Glover
E. G. Arghyrakis & Co.
25th July 2019

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London Arbitration 15/19