Aerolink Air Services Pty Ltd v Bankstown Airport Ltd [2023] NSWCA 92

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Aerolink Air Services Pty Ltd v Bankstown Airport Ltd [2023] NSWCA 92 Hearing dates: 18 April 2023 Date of orders: 11 May 2023 Decision date: 11 May 2023 Before: Meagher JA at [1]; Kirk JA at [80]; Simpson AJA at [81] Decision: 1. Appeal dismissed. 2. Appellant pay respondent's costs of the appeal. Catchwords: DAMAGES – appellant claimed damages for destruction of aircraft logbooks by respondent – evidence suggesting some logbooks had been destroyed in earlier fire – whether primary judge erred in finding logbooks for one aircraft survived the fire and were not destroyed by respondent and in not being satisfied that logbooks for another aircraft survived the fire and had been destroyed by the respondent – no question of principle Cases Cited: Aerolink Air Services Pty Ltd v Bankstown Airport Limited [2019] NSWSC 1283 Aerolink Air Services Pty Ltd v Bankstown Airport Ltd [2022] NSWSC 587 Fox v Percy (2003) 214 CLR 118; [2003] HCA 22 Lee v Lee (2018) 266 CLR 129; [2019] HCA 28 Category: Principal judgment Parties: Aerolink Air Services Pty Ltd (Appellant) Bankstown Airport Ltd (Respondent) Representation: Counsel: JC Giles SC with CP O'Neill (Appellant) D Lloyd SC with T Kane (Respondent)

Solicitors: TPS & Co (Appellant) Holman Webb Lawyers (Respondent) File Number(s): 2022/165248 Publication restriction: Nil Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Common Law Citation: [2022] NSWSC 587 Date of Decision: 13 May 2022 Before: Leeming JA File Number(s): 2016/22582