Home / News / VB Lease Co v Wells Fargo [2020] FCAFC 168

VB Lease Co v Wells Fargo [2020] FCAFC 168

Philip Santucci (led by C S Ward SC) acted for the respondent aircraft engine lessors in the latest decision arising from the Virgin Australia administration: VB Lease Co v Wells Fargo [2020] FCAFC 168.

The Full Court of the Federal Court of Australia held that the Virgin lessee companies and administrators were only required to transfer possession to the lessor, and were not (as the Court below had found) required to comply with the contractual regime for redelivery to the US.

The case is significant as the first detailed consideration by a Court of any Contracting State of the insolvency provisions in Article XI of the Cape Town Aircraft Protocol that governs international security interests in mobile aircraft assets.

Read the judgment here.

Back to all

Latest News

2025 Best Lawyers

The 2025 Best Lawyers edition has been announced and New Chambers has 18 of our members recognised. The Lawyer of the Year awards for…

Read more
View all news

Get our news and cases straight to your inbox.

You can unsubscribe anytime. By signing up you agree to our Terms & Condition and Privacy Policy.