By Aisling Byrne
The High Court has allowed FW Aviation's Irish proceedings seeking recognition and enforcement of English judgments worth about US$181.5 million against VietJet to continue.
The dispute arises from four Airbus aircraft owned by FW Aviation and leased to the Vietnamese airline. VietJet ultimately consented to returning possession of the aircraft. After trials in England, FW Aviation obtained judgments establishing liability and, in April 2025, quantum orders totalling US$181,529,550. VietJet later paid US$2 million towards those orders.
FW Aviation began Irish proceedings in July 2025 and obtained permission to serve VietJet outside the jurisdiction. VietJet challenged that order, arguing there was no practical benefit to litigation in Ireland because it had no assets here against which the English judgments could realistically be enforced.
Mr Justice Rory Mulcahy rejected that argument. The judge found FW Aviation had comfortably established the likely existence of assets connected to Ireland. These included contractual rights to repayment of aircraft lease deposits, rights to reimbursement from maintenance reserves held by Irish-based lessors and VietJet's shareholdings in Irish subsidiaries.
The court stressed that FW Aviation did not have to prove at this stage that enforcement would ultimately succeed. It only had to show a realistic prospect of obtaining a practical benefit. The earliest lease deposits may not become repayable until 2029, but the judge held that a future asset can still provide the necessary benefit.
The ruling does not recognise the English judgments themselves. VietJet remains entitled to resist recognition on substantive grounds, including its stated argument that the English quantum orders amount to an unenforceable penalty contrary to public policy.
A separate dispute about substituted service became moot after formal service was completed through the Hague Convention. That motion is to be struck out, with VietJet awarded its costs. Final orders on the motions were listed for 28 July 2026.