Irish aircraft lessor AMCK Aviation - now part of Carlyle Aviation Partners - has filed an appeal against a June 2024 US court decision that awarded Frontier Airlines (F9, Denver International) USD48.6 million over a terminated sale and leaseback contract for six A320-200s.
According to court filings, AMCK Aviation Holdings Ireland Limited and affiliates Accipiter Holding and Vermillion Aviation Holdings lodged their appeal in the Second Circuit US Court of Appeals on July 16.
Frontier first filed suit in the Southern District Court of New York in 2020, seeking USD53 million in damages.
The dispute arose from a 2019 agreement where AMCK was to purchase and lease back six A320s to Frontier. Amid the Covid-19 pandemic, Frontier requested a temporary deferral of rent payments. Although informal agreements were made, no formal written deal was signed. AMCK terminated the contract in May 2020 claiming non-payment, which led to Frontier incurring higher costs with other lessors.
The trial centred on whether AMCK waived its right to timely payments. The court found that it did breach the framework agreement by wrongfully terminating it, a ruling the lessor is now appealing, potentially seeking a reversal or reduction in the damages awarded to Frontier.
