Full Court Minute Books

Case S60/2021

Wells Fargo Trust Company, National Association (as owner trustee) & Anor v. VB Leaseco Pty Ltd (administrators appointed) & Ors

Case No.


Case Information

Lower Court Judgment

07/10/2020 Federal Court of Australia (McKerracher, Colvin & O’Callaghan JJ)

[2020] FCAFC 168


Aviation – Construction of art XI Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment (Protocol) – Where International Interest in Mobile Equipment (Cape Town Convention) Act 2013 (Cth) gives domestic effect to Convention on International Interests in Mobile Equipment (Cape Town Convention) – Where art XI(2) of Protocol provides upon occurrence of insolvency-related event, insolvency administrator or debtor shall “give possession of the aircraft object” to creditor – Where applicants owners of aircraft engines leased to first respondent and subleased to second and fourth respondents – Where third respondent appointed administrator of other respondents following insolvency-related event – Where lease imposes on lessees return obligations in respect of aircraft – Where applicants sought compliance with respondents’ Art XI(2) obligations to “give possession” – Where third respondent, instead of physically redelivering engines, issued a notice under s 443B(3) of Corporations Act 2001 (Cth) disclaiming leased engines and leaving engines still attached to aircraft operated by lessees and owned by third parties – Where primary judge held respondents failed to “give possession” of engines – Where respondents successfully appealed to Full Court Federal Court – Whether “give possession” means physical delivery of aircraft objects or merely enables creditor to exercise self-help remedy – Whether respondents failed to “give possession”.


12/04/2021 Hearing (SLA, Canberra)

26/04/2021 Notice of appeal

31/05/2021 Written submissions (Appellants)

31/05/2021 Chronology (Appellants)

28/06/2021 Written submissions (Respondents)

19/07/2021 Reply

28/10/2021 Amended Chronology (Appellants)

29/10/2021 Amended Reply

04/11/2021 Hearing (Full Court, Canberra) (Audio-visual recording)

04/11/2021 Outline of oral argument (Appellants)

04/11/2021 Outline of oral argument (Respondents)

16/03/2022 Judgment (Judgment summary)