Comair vs Boeing: SA company raises 'unclean hands' defence

Shuttered local airline Comair has asked a US court to toss out a breach of contract claim brought against it by Boeing, saying the claim should be barred because the US aeronautics giant allegedly engaged in fraud and intentional misrepresentation.

Comair and Boeing have both made claims for damages against the other in an ongoing US court case linked to Comair's decision to terminate a multi-million-rand order for eight 737 MAX aircraft. 

Comair cancelled the order in February 2020, in the wake of two fatal 737 MAX crashes that made global headlines. At that time, it had received only one of the eight aircraft on order.