South West Helicopters Pty Ltd v Stephenson [2017] NSWCA 312

South West Helicopters Pty Ltd v Stephenson [2017] NSWCA 312

Statutory exclusivity under the Civil Aviation (Carriers’ Liability) Act extends to claims for damages in respect of the death of a passenger, including nervous shock claims of family members, thereby barring general law/negligence claims and Compensation to Relatives Act claims out of time; workers compensation recovery by employer-tortfeasor barred where both are liable; Essential Energy owed no duty of care regarding marking power lines in crash area; apportionment of negligence assigns greater liability to South West for operational failures, and both bailee and owner entitled, subject to apportionment, to claim for aircraft loss.

Jurisdiction
Australia
Judgment Date
07 December 2017
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed in part; judgments and orders varied or set aside as specified; multiple cross-appeals dismissed.
Legal Topics
["carriers' Liability" 'nervous Shock Claims' 'workers Compensation' 'compensation to Relatives' 'joint Tortfeasors' 'limitation Period' "interpretation of 'passenger'" 'statute Exclusivity' 'negligence' 'bailment']
['aviation Law' 'tort Law' 'statutory Interpretation'] ["carriers' Liability" 'nervous Shock Claims' 'workers Compensation' 'compensation to Relatives' 'joint Tortfeasors' 'limitation Period' "interpretation of 'passenger'" 'statute Exclusivity' 'negligence' 'bailment']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ["Whether Parkes Shire Council employees were 'passengers' under the Civil Aviation (Carriers' Liability) Act" 'Whether nervous shock claims by relatives of a deceased passenger are barred by statutory exclusivity under s 35(2)' 'Whether compensation claims under s 151Z of the Workers Compensation Act may be recovered by employer-tortfeasor' 'Apportionment of liability for helicopter crash' 'Whether Essential Energy owed a duty of care to aircraft occupants' 'Whether bailee (South West Helicopters) may recover value of aircraft from joint wrongdoers']

Ratio Decidendi

Statutory exclusivity under the Civil Aviation (Carriers’ Liability) Act extends to claims for damages in respect of the death of a passenger, including nervous shock claims of family members, thereby barring general law/negligence claims and Compensation to Relatives Act claims out of time; workers compensation recovery by employer-tortfeasor barred where both are liable; Essential Energy owed no duty of care regarding marking power lines in crash area; apportionment of negligence assigns greater liability to South West for operational failures, and both bailee and owner entitled, subject to apportionment, to claim for aircraft loss.

Court Disposition

Appeal allowed in part; judgments and orders varied or set aside as specified; multiple cross-appeals dismissed.

Orders

  • ['Appeal allowed; judgments against South West set aside re nervous shock and Compensation to Relatives claims; first appellant (South West Helicopters) awarded $139,523 against Parkes Shire Council' 'In various proceedings, damages awarded to Stephenson family against Parkes Shire Council: $389,191 to Ingrid...