Markey v Wansey & Ors [2002] NSWCA 221

Markey v Wansey & Ors [2002] NSWCA 221

The findings of negligence and causation against the appellant were not supported by evidence; lowering the undercarriage was not shown to be contrary to good practice based on the circumstances and expert testimony, and causation was not established by the respondent that lowering the undercarriage caused the crash landing.

Jurisdiction
Australia
Judgment Date
11 July 2002
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed
Legal Topics
['negligence' 'aviation Law']
['tort Law'] ['negligence' 'aviation Law']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ["Whether the appellant was negligent in lowering the aircraft's undercarriage during partial power loss and whether this action caused the crash landing"]

Ratio Decidendi

The findings of negligence and causation against the appellant were not supported by evidence; lowering the undercarriage was not shown to be contrary to good practice based on the circumstances and expert testimony, and causation was not established by the respondent that lowering the undercarriage caused the crash landing.

Court Disposition

Appeal allowed

Orders

  • ['Appeal allowed.' 'Set aside the verdict and judgment for the first respondent against the appellant and in lieu thereof order verdict and judgment for the appellant.' "Set aside the order that the appellant pay the first respondent's costs of the action including reserved costs and in lieu thereof order that the...