Delivery Of Repossessed Aircraft

Expert Witness - Aircraft Repossession

The Issue

The Lessor considered that five of the six engines failed to meet redelivery conditions and unilaterally placed all of the engines into the shop for full performance restoration workscopes. The engines were under a ‘Power per Hour’ (PBH) Agreement with an MRO. All monthly payments were up to date and the Lessor was able to put the engines through the shop under the existing agreement. The cost of these shop visits was subsequently claimed from the airline. As is normal with these agreements, the findings resulted in several ‘over and above’ charges. As a result, the Lessor claimed the cost of $9,750,000 from the airline.

The TGIS Aviation Solution

Distinctive as an engine expert, Trish was able to use her in-depth knowledge and experience of working solely on aircraft engines. This enabled her to review all the relevant documentation and witness statements to gain a complete picture of her client’s case and confidently represent her client in court.

Outcome for our Client

The arbitration hearing confirmed that four of the engines met redelivery conditions and therefore the performance restoration shop visits were unjustified in accordance with the terms of the lease, resulting in a reduction to the claim of in excess of $7m.