Northern Riverina County Council v Margaret Petts & Maxwell Petts as Executors of the Estate of Stephen James Petts & Anor [2001] NSWCA 341

New South Wales Court of Appeal

CITATION : Northern Riverina County Council v Margaret Petts & Maxwell Petts as Executors of the Estate of Stephen James Petts & Anor [2001] NSWCA 341 FILE NUMBER(S) : CA 40019/01 HEARING DATE(S) : 21 August 2001 JUDGMENT DATE : 4 October 2001

Northern Riverina County Council - Appellant Margaret Petts & Maxwell Petts PARTIES : as Executors of the Estate of Stephen James Petts - First Respondent Masling Rotor Wing Pty Ltd - Second Respondent JUDGMENT OF : Mason P at 1; Meagher JA at 4; Hodgson JA at 12

LOWER COURT JURISDICTION : Supreme Court - Common Law Division LOWER COURT CLD R40001/96 FILE NUMBER(S) : LOWER COURT James J JUDICIAL OFFICER :

G. O'L. Reynolds SC & G. Curtin - Appellant COUNSEL : C. Branson QC & D. Conti - First Respondent C. Hoeben SC- Second Respondent Phillips Fox, Sydney - Appellants SOLICITORS : Robb & Associates, Albury - First Respondent Connery & Partners, Sydney - Second Respondent CATCHWORDS : Torts - negligence - whether duty of care existed - whether breached - appeal allowed. CASES CITED: Derrick v Cheung [2001] HCA 48 DECISION : See paragraph 11

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40019 of 2001 SC R40014 of 1996 MASON P MEAGHER JA HODGSON JA

4 October, 2001 NORTHERN RIVERINA COUNTY COUNCIL v MARGARET PETTS AND GREGORY MAXWELL PETTS AS EXECUTORS OF THE ESTATE OF STEPHEN JAMES PETTS & ANOR In October 1990, the appellant conducted an inspection of the rural power lines within its boundaries. The inspection was conducted in a helicopter hired from the second respondent and piloted by Mr Petts, on behalf of whose estate the first respondent initiated these proceedings. Mr Petts conducted a number of inspection flights with an observer, who was an employee of the appellant. On 23 October, he embarked on a flight with Mr Quade as passenger, also an employee of the appellant, in order to familiarise him with the appellant's power lines and qualify as an observer. When taking off, the helicopter collided with a single wire earth return (SWER) line. This was not one of the appellant's lines to be inspected. Mr Petts was seriously injured in the crash and he later died. The passenger was killed in the accident.