A British High Court judge has placed a worldwide asset freeze of up to $251.6 million on Vietnamese budget carrier VietJet Aviation. The ruling came after the airline refused to pay debt owed to London investment firm FitzWalter Capital.

The order covers VietJet’s entire 112-aircraft leased operating fleet and its order book of more than 300 jets. It also binds pre-delivery deposits, maintenance reserves, Rolls-Royce engines, and ticket proceeds collected by sales agents worldwide.

FW Aviation, a unit of FitzWalter Capital, secured the injunction after High Court Judge Pushpinder Sani determined the carrier presented a substantial risk of dissipating or concealing assets. The October 15 decision followed repeated defaults on court judgments linked to four Airbus aircraft. VietJet operated those planes during the pandemic without paying contracted lease fees.

Under the terms of the injunction, VietJet may conduct day-to-day operations in the ordinary course of business. However, it cannot sell, transfer, or encumber key assets without prior court approval. The restrictions apply directly to maintenance reserves, lease deposits held outside Vietnam, and upcoming delivery slots for Airbus A330-900 and A321neo aircraft.

London’s High Court found that VietJet had transferred the underlying value of its commercial aircraft order book to Angelica Holding, a Cayman Islands entity. Judge Sani noted that Angelica Holding had no physical offices or staff. Calling it a shell vehicle, he criticized VietJet for concealing the arrangement for more than twelve months.

I have little sympathy for the claimed disruption which may arise. It will have been caused by VietJet’s own wilful refusal to satisfy the Judgment Debt and strenuous anti-enforcement efforts rather than a genuine inability to pay.

Source link