The Commercial Court (Saini J) has granted a post-judgment worldwide freezing order against the assets of VietJet Aviation JSC (“VietJet”), a publicly-listed Vietnamese airline, on the application of FW Aviation (Holdings) 1 Limited (“FWA”). VietJet owes FWA c.US$250 million under a series of judgments of the English courts.
Following a 2 day hearing, the Judge found that there was a real risk of dissipation, based on an analysis of recent transactions by which it appeared that VietJet had transferred essentially all the value of its Order Book (of future aircraft) to an associated party [51] for 'illusory' consideration.
The judgment also contains at [83] an important discussion of when it will be just and convenient to grant a freezing order in the post-judgment context. (see here).
Andrew Hunter KC was leading counsel for FWA, instructed by Slaughter & May
