The High Court’s Commercial List gave Abbey International Finance Limited summary judgment for €3.195 million in rent arrears owed under aircraft and medical equipment leases, while granting the defendants conditional leave to defend the other parts of the claim.
In a written note of an ex tempore judgment delivered on 27 July 2012, Mr Justice Kelly addressed whether a plaintiff in plenary proceedings could seek summary judgment on claims that were not for a fixed or readily calculable sum. He held that the court could consider such an application, relying on its inherent jurisdiction and the case-management powers available in the Commercial List.
The dispute concerned three helicopters and a medical kit. Abbey, which leases aircraft, had entered into leases with Point Ireland Helicopters Limited in 2008 and 2009. The defendants had also entered into subleases. At the time of the judgment, two helicopters were in Kosovo and one was in Italy.
Abbey alleged that rental obligations had been breached. The defendants’ counsel conceded that €3.195 million in arrears was owing. Abbey had served notice terminating the leases and subleases on 11 June 2012 and began proceedings on 14 June. It sought the arrears, delivery of the aircraft and medical kit, or, alternatively, injunctive relief.
The judgment referred to lease terms requiring rent to be paid unconditionally and without set-off, subject to deductions required by law. Justice Kelly concluded that a plaintiff in Commercial List plenary proceedings could ask for summary disposal where a defendant was alleged to have no real or bona fide defence. He said the defendant faced the same low threshold applied to applications for summary judgment on liquidated claims: the question was whether there was a credible, arguable defence, not which account was more likely to be true.
The note did not detail the court’s consideration of the individual claims for delivery of the aircraft and medical kit. It records that summary judgment was given for the liquidated claim for rent arrears and that conditional leave to defend was granted in respect of the other aspects of Abbey’s claim. It does not specify the conditions attached to that leave.