Magnus, Kenneth v South Pacific Air Motive Pty Ltd & Ors [1997] FCA 1299

FEDERAL COURT OF AUSTRALIA AVIATION LAW - Civil liability claim - Claim for psychological injuries suffered by passengers and non-passengers following the ditching of an aeroplane - Claims made after expiration of two years and in reliance on causes of action other than liability under the Civil Aviation (Carriers' Liability) Act - Whether claims precluded by that Act. Civil Aviation (Carriers' Liability) Act 1959 Federal Court Rules, Order 20 rule 2

NG194 of 1997

kenneth magnus v SOUTH PACIFIC AIR MOTIVE PTY LTD, GROUP AIR PTY LTD, CIVIL AVIATION SAFETY AUTHORITY and airservices australia

JUDGE: WILCOX J

PLACE: SYDNEY

DATE: 27 NOVEMBER 1997

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG194 of 1997

BETWEEN: KENNETH MAGNUS

Applicant

AND: SOUTH PACIFIC AIR MOTIVE PTY LTD

First Respondent

GROUP AIR PTY LTD

Second Respondent

CIVIL AVIATION SAFETY AUTHORITY

Third Respondent

and

AIRSERVICES AUSTRALIA

Fourth Respondent

JUDGE: WILCOX J

DATE: 27 NOVEMBER 1997

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The proceeding be dismissed as against South Pacific Air Motive Pty Ltd and Group Air Pty Ltd to the extent that it claims on behalf of the applicant or any group member relief in relation to any physical injury sustained by that person, including psychological damage sustained by that person as a result of that physical injury. 2. Otherwise the Notice of Motion of South Pacific Air Motive Pty Ltd and Group Air Pty Ltd dated 31 July 1997 be dismissed. 3. South Pacific Air Motive Pty Ltd and Group Air Pty Ltd pay to Kenneth Magnus 90% of the costs incurred by him in respect of the said motion. 4. The principal proceeding stand over for a further directions hearing at 9.30am on 12 December 1997. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.