Zheng v Australian International Aviation College Pty Ltd [2024] NSWSC 1622

Zheng v Australian International Aviation College Pty Ltd [2024] NSWSC 1622

The AIAC Report is not 'restricted information' under the TSI Act except in the hands of ATSB, and was freely provided to CASA and others; therefore, its use by the plaintiff and his expert does not contravene section 60, and both the AIAC Report and Simpson Report are not inadmissible by operation of the TSI Act.

Parties
Plaintiff: Shenglong Zheng; First Defendant: Australian International Aviation College Pty Ltd; Second Defendant: Canaan Lawyers Pty Ltd
Jurisdiction
Australia
Judgment Date
20 December 2024
Procedural Posture
Personal Injury Damages / Interlocutory Motions for Advance Ruling on Admissibility
Outcome
Advance ruling: AIAC Report and Simpson Report not inadmissible under TSI Act; directions for orders; costs awarded.
Legal Topics
Admissibility of Documents, Transport Safety Investigation Act 2003 (cth), Restricted Information
Evidence Aviation Law Admissibility of Documents Transport Safety Investigation Act 2003 (cth) Restricted Information

Case Brief

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Parties

Shenglong Zheng

Plaintiff

Australian International Aviation College Pty Ltd

First Defendant

Canaan Lawyers Pty Ltd

Second Defendant

Procedural Posture

Personal Injury Damages / Interlocutory Motions for Advance Ruling on Admissibility

Legal Issues

  1. 1 Whether the AIAC Report contains 'restricted information' within the meaning of the Transport Safety Investigation Act 2003 (Cth)
  2. 2 Whether the AIAC Report and its contents are inadmissible
  3. 3 Whether expert reports relying on the AIAC Report are inadmissible

Ratio Decidendi

The AIAC Report is not 'restricted information' under the TSI Act except in the hands of ATSB, and was freely provided to CASA and others; therefore, its use by the plaintiff and his expert does not contravene section 60, and both the AIAC Report and Simpson Report are not inadmissible by operation of the TSI Act.

Court Disposition

Advance ruling: AIAC Report and Simpson Report not inadmissible under TSI Act; directions for orders; costs awarded.

Orders

  • Direct the parties on or before 14 February 2025, to submit to the Court an agreed set of orders.
  • If parties are unable to agree on appropriate orders, each party is to submit the orders they contend for by that date.