CSDS AIRCRAFT SALES & LEASING INC. v SINGAPORE AIRLINES LIMITED

[2023] SGCA(I) 5 Court of Appeal (International) 19 June 2023 CA/CAS 8/2022
12 cases cited (11 SG, 1 foreign) Cited by 1 case

Key facts

Court Court of Appeal (International)
Decided
Judges Beverley McLachlin, Steven Chong
Charges / claim Damages, Evidence
Counsel Drew & Napier LLC, Tan Rajah & Cheah, Kenneth Kwek Junjie, Marissa Daisy Decruz, Shobna Chandran, Tan Teck San Kelvin, Thaddaeus Aaron Tan, Yip Ting Yuan Darren, Yong Manling Jasmine

Source: [2023] SGCA(I) 5, Court of Appeal (International), decided — eLitigation. Updated .

Catchwords

Practice Areas

Judges (2)

Counsel (9)

Drew & Napier LLC Firm Tan Rajah & Cheah Firm
Kenneth Kwek Junjie Counsel for the respondent
Marissa Daisy Decruz Counsel for the appellant
Shobna Chandran Counsel for the appellant
Tan Teck San Kelvin Counsel for the respondent
Thaddaeus Aaron Tan Counsel for the appellant
Yip Ting Yuan Darren Counsel for the respondent
Yong Manling Jasmine Counsel for the appellant

Parties (2)

CSDS Aircraft Sales & Leasing Inc Appellant
Singapore Airlines Limited Respondent

Case Significance

CSDS Aircraft Sales & Leasing Inc v Singapore Airlines Limited [2023] SGCA(I) 5 comprises the grounds of decision of the Court of Appeal in Civil Appeal No 8 of 2022, delivered on 19 June 2023, with Steven Chong JCA delivering the decision of the court sitting with Beverley McLachlin IJ. The appeal concerned an award of damages by an International Judge of the Singapore International Commercial Court in Singapore Airlines Ltd v CSDS Aircraft Sales & Leasing Inc [2022] SGHC(I) 15. Under an agreement dated 19 September 2018, the appellant CSDS had contracted to buy a Boeing 777-212 aircraft without engines from Singapore Airlines for US$6.5m, paying a US$250,000 deposit but failing to pay the US$6.25m balance; the SICC had found CSDS in repudiatory breach, accepted by SIA as ending the contract on 4 November 2018. The catchwords address the aircraft's valuation and the weight of expert opinion evidence.

What was CSDS Aircraft Sales & Leasing Inc v Singapore Airlines Limited [2023] SGCA(I) 5 about?

It was a Court of Appeal decision of 19 June 2023, with Steven Chong JCA delivering the grounds, on an appeal against a Singapore International Commercial Court damages award after CSDS failed to complete its purchase of a Boeing 777-212 aircraft from Singapore Airlines.

What were the aircraft purchase terms in [2023] SGCA(I) 5?

Under an agreement dated 19 September 2018, CSDS agreed to buy a Boeing 777-212 aircraft without engines for US$6.5m, paying a US$250,000 deposit but failing to pay the US$6.25m balance, leading to a repudiatory breach accepted on 4 November 2018.

Statutes Cited

English Sale of Goods Act
s 50(3)

Cases Cited (12)

SG (2)
[2020] SGCA 27 [2022] SGHC(I) 15
SLR (9)
[2002] 1 SLR(R) 326 [2007] 2 SLR(R) 983 [2010] 1 SLR 1129 [2018] 4 SLR 425 [2019] 1 SLR 873 [2020] 1 SLR 133 [2021] 5 SLR 26 [2022] 1 SLR 284 [2023] 3 SLR 140
UK (1)
[2010] EWHC 2431

Cited By (1)

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Referenced in

Legal concepts & references

Judgment

Read the full judgment on the official Singapore Courts portal.

Read on eLitigation

Source: eLitigation ([2023] SGCA(I) 5)