Agtrack (NT) Pty Limited v Hatfield [2005] HCA 38

HIGH COURT OF AUSTRALIA

GLEESON CJ,

McHUGH, GUMMOW, KIRBY, HAYNE, CALLINAN AND HEYDON JJ

AGTRACK (NT) PTY LIMITED (TRADING AS

SPRING AIR) APPELLANT

AND

ANN CHRISTINE HATFIELD RESPONDENT

Agtrack (NT) Pty Limited v Hatfield [2005] HCA 38

10 August 2005

M192/2004

ORDER

Appeal dismissed with costs.

On appeal from the Supreme Court of Victoria

Representation:

R F Margo SC with R M Peters and M J Leeming for the appellant (instructed by Norton White)

A G Uren QC with P F O'Dwyer SC for the respondent (instructed by Slater & Gordon)

Intervenors:

H C Burmester QC with B F Quinn intervening on behalf of the Attorney-General of the Commonwealth (instructed by Australian Government Solicitor)

R J Meadows QC, Solicitor-General for the State of Western Australia with R M Mitchell intervening on behalf of the Attorney-General for the State of Western Australia (instructed by State Solicitor's Office)

M G Sexton SC, Solicitor-General for the State of New South Wales with J G Renwick intervening on behalf of the Attorney-General for the State of New South Wales (instructed by Crown Solicitor for New South Wales)

C J Kourakis QC, Solicitor-General for the State of South Australia with A Rao intervening on behalf of the Attorney-General for the State of South Australia (instructed by Crown Solicitor's Office South Australia)

P M Tate SC, Solicitor-General for the State of Victoria with S G E McLeish intervening on behalf of the Attorney-General for the State of Victoria (instructed by Victorian Government Solicitor)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Agtrack (NT) Pty Limited v Hatfield

Aviation – Carriage by air – Liability of carrier – Liability under Pt IV of the Civil Aviation (Carriers' Liability) Act 1959 (Cth) ("Carriers Act") for damage sustained by reason of the death of a passenger resulting from an accident which took place on board an aircraft in the course of commercial transport operations – Liability enforceable for the benefit of such family members of deceased passenger as sustained damage by reason of the death – Passenger killed in aircraft accident – Action brought by family member – Whether action in exercise of right to damages brought within two years of the date on which the carriage stopped – Whether right to damages extinguished.