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AVWest, the aircraft business associated with Western Australian businessman Tim Roberts, scored an early procedural win against Bombardier in 2018: a Western Australian court rejected the jet maker’s attempt to stop the case there. That did not establish that Bombardier breached any agreement or owed AVWest money. The Court of Appeal upheld the procedural outcome in 2020, but the available court decisions and reporting do not establish how the underlying dispute ultimately ended.
What was AVWest’s dispute with Bombardier about?
AVWest bought Bombardier aircraft for resale. In its lawsuit, AVWest alleged that Bombardier failed to meet obligations under 12 written agreements and three alleged oral agreements connected with aircraft sales. Those were AVWest’s claims, not findings that the agreements were breached.
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In later procedural reasons, the Supreme Court of Western Australia described AVWest’s account as involving substantial upfront payments, aircraft sold on terms AVWest characterized as generous, Bombardier helping find third-party buyers and facilitate sales, and payments of net profits and other amounts. That description provides context for the litigation; it does not decide whether either party was liable.
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On 8 May 2018, Master Craig Sanderson dismissed Bombardier’s application to set aside AVWest’s writ and its service outside Australia. The immediate result was that the WA proceedings could continue at that stage. The court’s jurisdiction decision was not a ruling on whether Bombardier had broken the contracts.
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As quoted by The West Australian, Sanderson said there was “a good arguable case that acceptance of the contracts was in Western Australia and this court has jurisdiction”. That statement explains why the case could proceed in WA; it should not be read as a finding of breach or an award of damages. See the 2018 decision and the newspaper’s 2018 report.
What happened after the 2018 decision?
- 8 May 2018: In AVWest Aircraft Pty Ltd v Bombardier Inc [2018] WASC 139, the Supreme Court dismissed Bombardier’s application concerning the writ and service outside Australia.
- 10 January 2020: In Bombardier Inc v AVWest Aircraft Pty Ltd [2020] WASCA 2, the WA Court of Appeal refused leave to appeal and dismissed Bombardier’s appeal. This left the procedural ruling in place, not a final decision on the contract dispute. Read the Court of Appeal reasons.
- 3 November and 3 December 2020: Further Supreme Court decisions addressed pleadings and discovery—steps in preparing and managing the case, not a final decision on liability. See the November decision and the December decision.
- 3 March 2021: The West Australian reported that the parties were to resume their legal dispute. The available sources do not establish what happened after that report. See the 2021 report.
Did Tim Roberts or AVWest win the case?
The rulings described here do not establish a final win for either side on the merits. AVWest won the initial procedural point about proceeding in WA, and Bombardier’s appeal did not overturn it. The later decisions concerned litigation procedure. The available reporting and decisions do not establish a final merits judgment, settlement, or other ultimate disposition.
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How much money was involved?
The figures reported in news coverage need to be distinguished from court findings and damages awarded:
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- The West Australian reported in 2018 that AVWest had purchased more than US$3 billion in aircraft between 2009 and 2015 and had resold 58 aircraft for reported profits exceeding US$218 million. These are newspaper-reported figures, not judicial findings.
- In 2020, the newspaper reported that AVWest’s enlarged claim was worth about A$450 million. That was a reported claim value—not a court award or an established amount owed by Bombardier.
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