Case Update: Comair v Boeing (US) – Settlement Reached in $83 Million Dispute

The long-running dispute between the estate of defunct South African airline Comair and Boeing has ended in a confidential settlement.

Comair, once a British Airways franchisee and owner of Kulula Air, sued Boeing in the US District Court for the Western District of Washington, at Seattle, in February 2023, seeking USD83 million in damages. The airline, being the Plaintiff alleged fraud and breach of contract over its 2013 purchase of eight Boeing 737 MAX aircraft, claiming it relied on misrepresentations about the aircraft’s safety and functionality.

The case arose after two fatal 737 MAX crashes in 2018 and 2019 led to a global 20-month grounding of the type. Comair cancelled the remaining seven undelivered orders, demanded the return of deposits exceeding USD45 million, and claimed further losses from the grounding of its sole delivered MAX, contributing to its eventual winding up and liquidation. Boeing denied wrongdoing, filed counterclaims, and challenged the authenticity of key documents.

In and during August 2025, Judge Ricardo S. Martinez confirmed the matter had been settled out of court, cancelling the October trial date. The settlement terms remain under seal, and the joint liquidators of Comair have yet to receive the agreed amount. This resolution closes one chapter in the complex winding-up of Comair, but other legal and liquidation matters remain pending.