Donald Carl Cooke & 2 Ors v Hawker Pacific Pty Limited & 3 Ors [1999] NSWSC 554

Donald Carl Cooke & 2 Ors v Hawker Pacific Pty Limited & 3 Ors [1999] NSWSC 554

The plaintiffs were entitled to limited discovery of documents relevant to pleaded issues. The first defendant was required to discover overhaul manuals, parts catalogues, service bulletins and airworthiness directives relating to bulk strip of relevant Teledyne Continental Motors engines, but the broader category of general bulk strip documents was not shown to be relevant and would be a fishing exercise. The third defendant was required to discover documents concerning guidelines, emergency procedures, policies and training for air traffic controllers responding to distress calls near Lake George from 13 July 1995 to the date of judgment because post-crash changes made as a consequence...

Jurisdiction
Australia
Judgment Date
09 June 1999
Procedural Posture
Discovery Motion in Personal Injury Proceedings Arising From an Aircraft Crash / Notice of Motion Filed 24 November 1998 Seeking Discovery Under Pt 23 R 3(1) of the Supreme Court Rules
Outcome
Discovery motion granted in part.
Legal Topics
['discovery' 'special Circumstances for Discovery in Personal Injury Matters' 'aircraft Crash' 'air Traffic Control Emergency Procedures' 'aircraft Engine Maintenance']
['civil Procedure' 'personal Injury' 'negligence' 'aviation'] ['discovery' 'special Circumstances for Discovery in Personal Injury Matters' 'aircraft Crash' 'air Traffic Control Emergency Procedures' 'aircraft Engine Maintenance']

Case Brief

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Procedural Posture

Discovery Motion in Personal Injury Proceedings Arising From an Aircraft Crash / Notice of Motion Filed 24 November 1998 Seeking Discovery Under Pt 23 R 3(1) of the Supreme Court Rules

Legal Issues

  1. 1 ['Whether the plaintiffs had shown entitlement to discovery from the first defendant of broad categories of documents relating to bulk strip of Teledyne Continental Motors TSIO-520P engines for the period 1987 to 1998.' 'Whether the third defendant should give discovery of documents relating to guidelines, emergency guidelines, emergency procedures, emergency policies and training of air traffic controllers responding to distress calls from aircraft near Lake George from 13 July 1995 to the present.' 'Whether the third defendant should give discovery of equipment inventories, technical manuals, specifications, guidelines, procedures and training documents concerning air traffic controller communications and information handling in the Lake George vicinity from 11.00 hours EST on 13 July 1995 to the present.' 'What costs order should be made on the discovery motion.']

Ratio Decidendi

The plaintiffs were entitled to limited discovery of documents relevant to pleaded issues. The first defendant was required to discover overhaul manuals, parts catalogues, service bulletins and airworthiness directives relating to bulk strip of relevant Teledyne Continental Motors engines, but the broader category of general bulk strip documents was not shown to be relevant and would be a fishing exercise. The third defendant was required to discover documents concerning guidelines, emergency procedures, policies and training for air traffic controllers responding to distress calls near Lake George from 13 July 1995 to the date of judgment because post-crash changes made as a consequence...

Court Disposition

Discovery motion granted in part.

Orders

  • ['The first defendant is to provide discovery of all overhaul manuals, parts catalogues, service bulletins and airworthiness directives relating to bulk strip of Teledyne Continental Motors TS10-520P engines fitted to Cessna P210N aircraft or other aircraft for the period of 1987 to 1998 within 28 days.' 'The third...