A light aircraft has been at the centre of a high court battle over its legal ownership.
Flexton Ltd bought a claim against Colin Alan Breeze seeking a return of the £77,000 purchase price of the Cessna 303 plus the costs of hangaring the plane at Ronaldsway at £300 per month.
A deal to buy the plane was agreed in February 2011. Director of Flexton Ltd, chartered accountant Mr Wickers, paid £65,000 for a four fifth share with his then fellow director Mr Schreiber later paying £12,000 for a one fifth share.
The signed contract stated if the seller failed to deliver the aircraft or arrange transfer of legal title, a notice of termination could be served and the buyer refunded.
In May 2011, the Cessna was collected from Liverpool by Mr Schreiber. The aircraft, which was hangared at Ronaldsway, sustained some technical problems. On one occasion, there was an emergency turn-out at Ronaldsway when its undercarriage lights failed to come on.
Frustrated with continuing delays in securing title and irritated by the minor faults, Mr Wickers emailed a notice of termination on October 18 that year.
Mr Breeze claimed Flexton waived its right to claim breach of the agreement because the plane continued to be used after that date. But upholding Flexton’s claim, Deemster Andrew Corlett said the fact the aircraft was used after October 18 did not make any difference.
The Deemster said Mr Breeze had behaved honestly but had been caught up in the plane’s chequered history.