Aerolink Air Services Pty Ltd v Bankstown Airport Ltd [2022] NSWSC 587

Supreme Court New South Wales

Medium Neutral Citation: Aerolink Air Services Pty Ltd v Bankstown Airport Ltd [2022] NSWSC 587 Hearing dates: 10, 11, 12, 13 May 2022 Decision date: 13 May 2022 Jurisdiction: Common Law Before: Leeming JA Decision: 1. Proceedings dismissed. 2. Direct that by next Wednesday, 18 May 2022, the parties supply to my Associate either any agreed order as to costs or, in default of agreement, the defendant supply by next Wednesday, 18 May 2022 any material and short submissions on which it relies, with the plaintiff to respond by Friday, 20 May 2022, with a view to any question as to costs being resolved by me on the papers unless either side indicates to the contrary in the documents they supply to me. Catchwords: DAMAGES – defendant held liable in earlier hearing for loss and damage caused by its destruction in 2014 of such of plaintiff's chattels as had survived a fire in 2013 – plaintiff sought damages for destruction of the logbooks for five aircraft – evidence suggesting some logbooks had been destroyed in fire and others had been removed shortly thereafter – evidence that plaintiff kept logbooks of other aircraft in the hangar – whether plaintiff had established that the logbooks for the five aircraft had survived the fire and were destroyed by the defendant DAMAGES – measure – appropriate measure for damages for destruction by bailee contrary to agreement with bailor – tortious or contractual – appropriate characterisation of loss of logbooks necessary to operate and maintain aircraft – significance of logbooks being unique items but of no intrinsic value aside from their use to operate and maintain aircraft – whether plaintiff entitled to cost of recreating the logbooks, or cost of acquiring replacement aircraft, or difference between value of aircraft with logbooks and without logbooks – whether plaintiff established case of consequential loss of business profits – plaintiff entitled to damages based on difference between value of aircraft with and without logbooks – claim for consequential loss not established on the evidence Legislation Cited: Civil Aviation Regulations 1988 (Cth), r 50A Evidence Act 1995 (NSW), s 140 Cases Cited: Admiralty Commissioners v SS Susquehanna [1926] AC 655 Aerolink Air Services Pty Ltd v Bankstown Airport Ltd [2019] NSWSC 1283 Aerolink Air Services Pty Ltd v Bankstown Airport Limited (No 2) [2019] NSWSC 1853 Arsalan v Rixon [2021] HCA 40; 96 ALJR 1 Brown Boveri (Aust) Pty Ltd v Baltic Shipping Company (1989) NSWLR 448 Camden v McKenzie [2008] 1 Qd R 39; [2007] QCA 136 Chief Commissioner of State Revenue v Adams Bidco Pty Ltd [2019] NSWCA 34 Ex parte Hebburn Ltd; Re Kearsley Shire Council (1947) 47 SR (NSW) 416 Gagner Pty Ltd v Canturi Corporation Pty Ltd [2009] NSWCA 413; 262 ALR 691 Goode v Angland (2017) 96 NSWLR 503; [2017] NSWCA 311 Goodrich Aerospace Pty Ltd v Arsic (2006) 66 NSWLR 186; [2006] NSWCA 187 Hyder Consulting (Australia) Pty Ltd v Wilh Wilhelmsen Agency Pty Ltd [2001] NSWCA 313 Jiwira v Primary Industry Bank of Australia Ltd [2000] NSWSC 1094 Johnson v Perez (1988) 166 CLR 351; [1988] HCA 64 Kuru v The State of New South Wales (2008) 236 CLR 1; [2008] HCA 26 Livingstone v Rawyards Coal Co (1880) 5 App Cas 25 Murphy v Brown (1985) 1 NSWLR 131 National Australia Bank Ltd v Nemur Varity Pty Ltd (2002) 4 VR 252; [2002] VSCA 18 Palmer v Dolman [2005] NSWCA 361 PPK Willoughby v Baird [2021] NSWCA 312 Rapid Roofing Pty Ltd v Natalise Pty Ltd [2007] 2 Qd R 335; [2007] QCA 94 Reaper v Vrsecky (Trustee), in the matter of Reaper [2019] FCA 565 Robinson v Harman (1848) 1 Exch 850; 154 ER 363 Skelton v Collins (1966) 115 CLR 94; [1966] HCA 14 State of New South Wales v Moss (2000) 54 NSWLR 536; [2000] NSWCA 133 Taitoko v R [2020] NSWCCA 43 Category: Principal judgment Parties: Aerolink Air Services Pty Ltd (Plaintiff) Bankstown Airport Limited (Defendant) Representation: Counsel: CP O'Neill (Plaintiff) D Lloyd SC, T Kane (Defendant)