Endeavour Energy v Precision Helicopters Pty Ltd [2015] NSWCA 169

Endeavour Energy v Precision Helicopters Pty Ltd [2015] NSWCA 169

Telstra owed and breached a duty of care to the occupants of the helicopter because the presence of the catenary wire, in proximity to power lines subject to regular aerial inspection, posed a foreseeable and not insignificant risk, and removal was a reasonable precaution; Precision's liability to Mr Edwards was...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
22 June 2015
Procedural Posture
Appeal / On Appeal From Supreme Court of Nsw, Judgment ([2013] NSWSC 1899; [2014] NSWSC 68), to Court of Appeal, Intermediate Appellate Stage
Outcome
Appeal allowed in part; judgment of the trial judge set aside; directions given for parties to resolve apportionment, quantum and costs by agreement or further submissions.
Legal Topics
['carriage by Air Liability and Limitation' 'negligence Duty of Care and Breach' 'apportionment of Liability' 'contractual Indemnity' "definition of 'passenger'" "workers' Compensation Recovery"]
['aviation Law' 'torts' 'contract Law' 'workers Compensation'] ['carriage by Air Liability and Limitation' 'negligence Duty of Care and Breach' 'apportionment of Liability' 'contractual Indemnity' "definition of 'passenger'" "workers' Compensation Recovery"]

Source-derived case record

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Procedural Posture

Appeal / On Appeal From Supreme Court of Nsw, Judgment ([2013] NSWSC 1899; [2014] NSWSC 68), to Court of Appeal, Intermediate Appellate Stage

Legal Issues

  1. 1 ['Whether Telstra owed and breached a duty of care to helicopter occupants and operators;' "Whether Mr Edwards was a 'passenger' under Civil Aviation (Carriers' Liability) Act 1967 (NSW) and subject to statutory liability cap;" 'Whether Precision was negligent for not requiring or supplying helmets;' "Whether Endeavour's contractual or general law duties required it to map hazards or inquire of Telstra and consequences of breach;" "Whether Precision's pilot was negligent in the aircraft's flight path and whether such negligence was causative of injury;"]

Ratio Decidendi

Telstra owed and breached a duty of care to the occupants of the helicopter because the presence of the catenary wire, in proximity to power lines subject to regular aerial inspection, posed a foreseeable and not insignificant risk, and removal was a reasonable precaution; Precision's liability to Mr Edwards was strict, capped at $500,000 under the Civil Aviation (Carriers' Liability) Act 1959 (Cth), as he was a 'passenger' within the meaning of s 4; both Endeavour and Precision were in breach of their duties for failing to require the use of helmets; Endeavour breached its contractual and tortious duties by failing to make inquiries of Telstra regarding hazard wires; the negligence of...

Court Disposition

Appeal allowed in part; judgment of the trial judge set aside; directions given for parties to resolve apportionment, quantum and costs by agreement or further submissions.

Orders

  • ['The Court directs that, absent agreement within 3 weeks as to (i) apportionment, (ii) calculation of amounts payable, and (iii) costs, the parties are to file and serve submissions on remaining issues (not to exceed seven pages) within 4 weeks, and replies (not to exceed four pages) within a further 2 weeks.']