Stevens v Professional Helicopter Services Pty Ltd; Stryker Australia Pty Ltd v Professional Helicopter Services Pty Ltd [2020] NSWSC 1443

Stevens v Professional Helicopter Services Pty Ltd; Stryker Australia Pty Ltd v Professional Helicopter Services Pty Ltd [2020] NSWSC 1443

Section 27(1)(c) of the Civil Aviation (Carriers' Liability) Act 1959 (Cth) should be construed purposively and consistently with the Act as a whole so that intra-territory commercial air carriage is not treated differently merely because the intended place of landing is the same as the place of departure. Following the majority in Mount Beauty Gliding Club Inc v Jacob, the Act applied to the Yulara scenic helicopter flight, and any liability for Mr Stevens' injuries arose only under the Act in substitution for any general common law civil liability.

Jurisdiction
Australia
Judgment Date
20 October 2020
Procedural Posture
Common Law Proceedings for Damages and Indemnity Arising From Helicopter Crash Injuries / Determination of Separate Question on Notices of Motion Under UCPR 28.2, 28.3 and 28.4
Outcome
Separate question answered in favour of the defendant's construction: liability arises only under the Civil Aviation (Carriers' Liability) Act 1959 (Cth) and substitutes for common law liability.
Legal Topics
["civil Aviation (carriers' Liability) Act 1959 (cth)" 'commercial Helicopter Scenic Flight' 'whether Liability Arises Under Statute or Common Law' 'construction of S 27(1)(c)' 'domestic Carriage by Air' 'separate Question']
['civil Law' 'aviation Law' 'personal Injury' 'statutory Interpretation'] ["civil Aviation (carriers' Liability) Act 1959 (cth)" 'commercial Helicopter Scenic Flight' 'whether Liability Arises Under Statute or Common Law' 'construction of S 27(1)(c)' 'domestic Carriage by Air' 'separate Question']

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Procedural Posture

Common Law Proceedings for Damages and Indemnity Arising From Helicopter Crash Injuries / Determination of Separate Question on Notices of Motion Under UCPR 28.2, 28.3 and 28.4

Legal Issues

  1. 1 ["Whether Part IV of the Civil Aviation (Carriers' Liability) Act 1959 (Cth) applied to a helicopter scenic flight that departed from and was intended to return to the same helipad in the Northern Territory." 'Whether the phrase "between a place in a Territory and another place in that Territory" in s 27(1)(c) requires geographically different places of departure and destination.' "Whether any liability for Mr Stevens' injuries arose only under the Civil Aviation (Carriers' Liability) Act 1959 (Cth) in substitution for common law liability."]

Ratio Decidendi

Section 27(1)(c) of the Civil Aviation (Carriers' Liability) Act 1959 (Cth) should be construed purposively and consistently with the Act as a whole so that intra-territory commercial air carriage is not treated differently merely because the intended place of landing is the same as the place of departure. Following the majority in Mount Beauty Gliding Club Inc v Jacob, the Act applied to the Yulara scenic helicopter flight, and any liability for Mr Stevens' injuries arose only under the Act in substitution for any general common law civil liability.

Court Disposition

Separate question answered in favour of the defendant's construction: liability arises only under the Civil Aviation (Carriers' Liability) Act 1959 (Cth) and substitutes for common law liability.

Orders

  • ["The separate question to be determined is answered as follows: Any liability in respect of the injuries sustained by the plaintiff arises only under the Civil Aviation (Carriers' Liability) Act 1959 (Cth), and is in substitution for any civil liability of the defendant under the general common law." "Costs of the...