McCauley, M.B v Hamilton Island Enterprises Pty Ltd & ors [1988] FCA 408

ULTT T s, AOK ys EF,

IN THE FEDERAL COURT OF AUSTRALIA)

) NEW SOUTH WALES DISTRICT REGISTRY) No. GS of 1987

) GENERAL DIVISION )

ON REMITTAL FROM THE HIGH COURT OF AUSTRALIA

BETWEEN: MARK BERNARD EVERARD

McCAULEY Applicant AND: HAMILTON ISLAND ENTERPRISES PTY. LIMITED First Defendant First Cross-Defendant in First and Second Cross- Claim AND: KEITH WILLIAMS (QLD) PTY. LIMITED Second Defendant Second Cross-Defendant in First and Second Cross- Claim AND: GREAT BARRIER REEF MARINE PARK AUTHORITY Third Defendant Second Cross-Claimant AND: COMMONWEALTH OF AUSTRALIA

Fourth Defendant First Cross-claimant

AND: AUSTRALIAN AVIATION UNDERWRITING POOL PROPRIETARY LIMITED

Third Party

AND: ADRIAN ALISTAIR PATE

Third Cross—Defendant to Second Cross-—Claim

AND: CHRISTOPHER JOHN MAINPRICE Fourth Cross-Defendant to Second Cross Claim CORAM: M. L. FOSTER, J. DATE: 8 JULY, 1988. PLACE: SYDNEY.

REASONS FOR JUDGMENT

( EXTEMPORE )

HIS HONOUR: In these proceedings, the applicant has sued, inter alia, the first and second defendants, in order to recover damages for serious injuries incurred by him in a crash between two helicopters occurring on a pontoon adjacent to Hamilton Island in Queensland. The plaintiff has sued those defendants on a number of claims for negligence and for breach of statutorty

and regulatory duties imposed under the Air Navigation

Regulations, passed under the Air Navigation Act, 1920 (Cth).

Those claims 1n respect of breach of regulation are set out, at length, in the Statement of Claim, and I do not propose to repeat

them in these short reasons.

The first and second defendants have claimed indemnity under a policy of insurance with the Australian Aviation Underwriting Pool Proprietary Limited. Indemnity has been denied under that policy and that company has been joined in the

proceedings as a third party.