AerCap Partners 1 Ltd v Avia Asset Management – QBD (Com Ct)(Gross LJ) – 7 October 2010

Sale of aircraft – Agreement for sale of aircraft -Whether buyer in repudiatory breach – Buyer contending that aircraft’s engines could not have been delivered by contractual delivery date in any event -Whether engines were “specific goods”

By an Aircraft Sale and Purchase Agreement dated 17 October 2008 the claimant (“AerCap”) agreed to sell to the defendant (“Avia”) two Boeing 757-200 aircraft for a price of US$15.4 million each. Apart from two deposit payments, the purchase price was not paid and the aircraft were not delivered by AerCap to Avia.