Kate Sarsfield/LONDON

Alberta Aerospace's (AAC) plan to certificate and deliver its single-engined Phoenix Fanjet by the end of the year has been thwarted by a legal battle over the rights to the aircraft, formally known as the Promavia Jet Squalus.

Canada's AAC secured a licence agreement with Belgium's Promavia to assemble the Stelio Frati-designed, two-seat aircraft at its base in Calgary. "In February 1996 we brought the first Jet Squalus prototype and have raised the necessary private investment to fund US and European certification," says AAC president, Ray Johnson.

Two years later, however, with AAC having settled only a portion of the balance, Jet Squalus developer Promavia was declared bankrupt, owing substantial sums to private banks and Belgium's Walloon Government.

The aircraft subsequently became the property of the trustees of bankrupt Promavia, which are seeking additional offers for the programme. A court hearing has been set for 26 April to announce the successful bidder.

"We have reached a financial agreement with the trustees for the remaining assets, tooling, drawings and title. This will include a part cash payment and a sizeable amount of the royalties from over 1,000 units sold - representing between five and 10 years of production," adds Johnson.

The outcome of the court hearing is expected to put an end to the bitter legal wrangling between Promavia and AAC. "I hope we will be successful, as Alberta has invested millions of dollars in bringing the aircraft to a certifiable condition. We have designed and manufactured an electrical system and also signed an agreement with Williams Rolls for its FJ44-1A turbofan, which will power the aircraft instead of the original Garrett [AlliedSignal TFE109-1]," adds Johnson.

If AAC's bid is accepted, it aims to combine European and US certification for the $1.6 million two-seat and $1.9 million four-seat Phoenix Fanjets, in January and August 2000 respectively, more than 18 months later than planned.

"If we get ratification from the court in April we will require roughly nine months to complete the certification process. This includes 60 days to complete the FAA [Federal Aviation Administration] conformity tests [to measure the aircraft against the original design] and to make the necessary wing modifications to meet the 61kt [113km/h] stall speed requirement for JAA [Joint Aviation Authorities] and FAA Part-23 certification," says Johnson. First deliveries will follow soon after.

Source: Flight International