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Personal Injuries – Civil Aviation
Robinson Helicopter Company Incorporated v McDermott [2016] HCA 22 (8 June 2016) I refer you to the High Court’s judgment summary. In allowing the appeal the High Court held as follows regarding causation: Causation Having found that Mr McDermott had not established that Robinson breached its duty of care to him, the judge did not...
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Casey v Pel-Air Aviation Pty Ltd; Helm v Pel-Air Aviation Pty Ltd (No 2) [2015] NSWSC 734 Schmidt J, 12 June 2015 Casey v Pel-Air Aviation Pty Ltd; Helm v Pel-Air Aviation Pty Ltd [2015] NSWSC 566 Schmidt J 15 May 2015 In some cases, not only can a person’s mind be adversely affected by distress...
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Endeavour Energy v Precision Helicopters Pty Ltd [2015] NSWCA 169 In April 2006 two Endeavour Energy employees were conducting an aerial inspection of power lines and poles near Wiseman’s Ferry north of Sydney in an helicopter supplied – with  crew – by Coff’s Harbour based Precision Helicopters. The Bell Jet Ranger was flying south down the...
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Walker-Eyre v Emirates [2012] QDC 364 The District Court last week ruled that Queensland’s Personal Injuries Proceedings Act pre-court requirements do not apply to international air carriage claims because the relevant federal legislation “otherwise provides…a detailed basis of the liability of the carrier”. Read more… Reproduced with the permission of Carter Capner Law.  
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Emily Kepa, for and on behalf of the estate and dependants of Frank Billy, deceased & ors v. Lessbrook Pty Ltd (In Liquidation) [2012] QSC 311 Read more… Reproduced with the permission of Carter Capner Law.  
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Maroney v Qantas Airways Limited [2012] QDC 68 Issue: The applicant/plaintiff sought to vary the terms of an order previously made under s.282 of the Workers’ Compensation and Rehabilitation Act 2003 (WCRA) for a medical examination. The variation was sought by way of oral application (UCPR 287) under the “liberty to apply” provision of the...
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Aircraft Technicians of Australia Pty Ltd v St Clair; St Clair v Timtalla Pty Ltd [2011] QCA 188 In a unanimous decision of the Court of Appeal concerning damages for personal injury following a helicopter accident, where several parties were joined including the repairer, the court helpfully reviewed the law concerning vicarious liability and non-delegable...
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 Thornton v Lessbrook Pty Ltd (No 2) [2010] QSC 363 Issue: Whether indemnity costs should be awarded following offers made purportedly in accordance with the Uniform Civil Procedure Rules 1999 (“UCPR”) and informally for an amount of $300,000.00, 40% less than the judgment. I refer to my earlier posting regarding the decision. Applegarth J refused...
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Thornton v Lessbrook Pty Ltd [2010] QSC 308 CATCHWORDS DAMAGES – MEASURE OF DAMAGES – FATAL ACCIDENTS LEGISLATION – action by de facto partner over death of fiancé in aircraft accident – assessment of pecuniary loss where the deceased was likely to maintain her career and earn more than the plaintiff – contingencies – possibility...
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Brannock v Jetstar Airways P/L [2010] QCA 218 CATCHWORDS: AVIATION – CARRIAGE BY AIR – CARRIER’S LIABILITY – DEATH OR PERSONAL INJURY OF PASSENGER – ON DOMESTIC FLIGHT– where passenger directed by flight staff to descend stairs to tarmac to board aircraft – where passenger could not find exit door – where passenger fell down...
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