Thai Airways Rehabilitation Proceedings Recognised In Australia

The recent Australian Federal Court judgment recognising the rehabilitation proceedings in Thailand of Thai Airways reveals several interesting facts regarding THAI.

-  THAI's Royal Orchid Plus frequent flyer member details (1.398 million members) are not maintained in a single searchable data base.  (Over 87,000 members are based in Australia.)  This is extraordinary and likely due to a lack of foresight in upgrading the membership systems as membership grew.  It highlights the difficulty of dealing with this group as part of the restructuring.

-  In addition to Australia, THAI has sought and obtained orders for the recognition of the Thailand rehabilitation proceedings in Germany, Switzerland and Singapore.  THAI has also sought recognition in Japan.

- Trading losses for the financial year to 31 December 2019 were the THB equivalent of AUD 567.7 million.  Note this was before the onset of Covid-19 and the shutdown of flights.

- THAI's assets in Australia comprise primarily leased assets and cash.

Didyasarin v Thai Airways International Public Company Limited [2020] FCA 1154

August 2020

© PELEN 2020

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