Air Palace Co., Ltd. v. Rotor Maxx Support Limited
Air Palace Co., Ltd.
Law Firm / Organization
Not Specified
Lawyer(s)

Sang Joon Bae

Rotor Maxx Support Limited
Law Firm / Organization
Harper Grey LLP
Lawyer(s)

W. Sean Taylor

Background: Air Palace Co., Ltd. ("AP") appealed orders dismissing its application to amend its response to a civil claim and to file a counterclaim against Rotor Maxx Support Limited ("RMS"). AP's claims were previously dismissed in a Korean court regarding the same events.

Legal Issues:

  • Res Judicata and Abuse of Process: RMS argued that AP's claims were barred under the doctrines of res judicata and abuse of process because the issues had already been decided by the Korean court. The judge agreed, noting that the Korean court's decision was final and addressed the same issues AP wanted to raise in the current proceedings.
  • Cause of Action Estoppel: The judge found that the Korean court's decision precluded AP from raising defenses or claims related to breaches of contract and negligence in the maintenance of the helicopter engine from 2015 to 2016.
  • Equitable Setoff: AP sought to offset costs related to a different engine component repaired in 2010-2011. The judge found these issues were unrelated to RMS’s current claims.
  • Breach of Fiduciary Duty: AP's claims of a fiduciary relationship with RMS were struck as they did not establish a reasonable cause of action or defense.

Judgment: The appeal was dismissed, and AP was precluded from raising previously adjudicated claims. The costs and award details were not specified in the document.

Court of Appeals for British Columbia
CA48896
Corporate & commercial law
Respondent