Stevens v Professional Helicopter Services Pty Ltd; Stryker Australia Pty Ltd v Professional Helicopter Services Pty Ltd [2020] NSWSC 1443

Supreme Court New South Wales

Medium Neutral Citation: Stevens v Professional Helicopter Services Pty Ltd; Stryker Australia Pty Ltd v Professional Helicopter Services Pty Ltd [2020] NSWSC 1443 Hearing dates: 28 September 2020 Date of orders: 20 October 2020 Decision date: 20 October 2020 Jurisdiction: Common Law Before: Wilson J Decision: (1) The separate question to be determined is answered as follows: Any liability in respect of the injuries sustained by the plaintiff arises only under the Civil Aviation (Carriers' Liability) Act 1959 (Cth), and is in substitution for any civil liability of the defendant under the general common law. (2) Costs of the Notices of Motion are to be each party's costs in the proceedings. (3) The listing of the matter before the Registrar today for directions is noted. The balance of the file is to be provided by my Chambers to the Registrar forthwith. Catchwords: CIVIL LAW – resolution of separate question – helicopter flight which crashed – severe injuries to passenger – whether Commonwealth Civil Aviation (Carriers' Liability) Act 1959 applies – 'joy flight" – flight departing from and returning to same place – whether single point of departure and landing precludes the operation of the Act – construction of s 27(1)(c) – whether a textual or purposive construction should be made – basis of liability – whether pursuant to the Act or under common law Legislation Cited: Civil Aviation (Carriers' Liability) Act 1959 (Cth) Civil Aviation (Carriers' Liability) Act 1967 (NSW) Civil Aviation (Carriers' Liability) Act 1961 (Vic). Hague Protocol Guadaljara Convention Montreal Convention 1999 Montreal Protocol No 4 Warsaw Convention 1929 Cases Cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (2009) 239 CLR 27; [2009] HCA 41 Australian Education Union v Department of Education and Children's Services (2012) 248 CLR 1; [2012] HCA 3 Cooper Brookes (Wollongong) Proprietary Limited v The Commissioner of Taxation of the Commonwealth of Australia (1981) 147 CLR 297; [1981] HCA 26 Gett v Tabet (2009) 254 ALR 504; [2009] NSWCA 76 Jacob v Mount Beauty Gliding Club Inc (2004) VSC 103 Mount Beauty Gliding Club Inc v Jacob (2004) 10 VR 312; [2004] VSCA 151 Parkes Shire Council v South West Helicopters Pty Ltd (2019) 266 CLR 212; [2019] HCA 14 Category: Principal judgment Parties: Jay David Stevens (First Plaintiff) Stryker Australia Pty Limited (Second Plaintiff) Professional Helicopter Services Pty Ltd (Defendant) Representation: Counsel: J E Sexton SC (First Plaintiff) P Morris SC (Second Plaintiff) D A Lloyd (Defendant)