Parkes Shire Council v South West Helicopters Pty LimitedCitation:[2019] HCA 14Before:Kiefel CJ, Bell, Keane, Gordon, Edelman JJDate:08 May 2019Case Number:S140/2018Read more

Parkes Shire Council v South West Helicopters Pty LimitedCitation:[2019] HCA 14Before:Kiefel CJ, Bell, Keane, Gordon, Edelman JJDate:08 May 2019Case Number:S140/2018Read more

Claims for damages for negligently inflicted psychiatric harm resulting from the death of a passenger are precluded by the Civil Aviation (Carriers' Liability) Act 1959 (Cth) if brought outside the statutory time limit, as the Act provides an exclusive regime for such claims and substitutes any civil liability under any other law.

Parties
Appellant: Appellant; Respondent: Respondent; Claimants: Widow, daughter and son of passenger
Jurisdiction
Australia
Judgment Date
08 May 2019
Procedural Posture
Civil Appeal / Judgment
Outcome
Appeal allowed
Legal Topics
Carrier's Liability, Limitation of Actions, Psychiatric Harm, Statutory Interpretation
Aviation Law Tort Law Carrier's Liability Limitation of Actions Psychiatric Harm Statutory Interpretation

Case Brief

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Parties

Appellant

Appellant

Respondent

Respondent

Widow, daughter and son of passenger

Claimants

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether claims for negligently inflicted psychiatric harm resulting from death of passenger are precluded by the Civil Aviation (Carriers' Liability) Act 1959 (Cth) when brought outside the statutory time limit
  2. 2 Interpretation of 'any civil liability of the carrier under any other law' and 'by reason of the death of the passenger' under the Act

Ratio Decidendi

Claims for damages for negligently inflicted psychiatric harm resulting from the death of a passenger are precluded by the Civil Aviation (Carriers' Liability) Act 1959 (Cth) if brought outside the statutory time limit, as the Act provides an exclusive regime for such claims and substitutes any civil liability under any other law.

Court Disposition

Appeal allowed

Orders

  • Claims by widow, daughter and son dismissed as statute-barred
  • No order as to costs stated