Ingrid Margaret Stephenson v Parkes Shire Council; Natalee Stephenson v Parkes Shire Council; Jay Stephenson v Parkes Shire Council; South West Helicopters Pty Limited and anor. v Essential Energy (formerly Country Energy); Parkes Shire Council v South West Helicopters Pty Limited [2014] NSWSC 1758

Supreme Court New South Wales

Medium Neutral Citation: Ingrid Margaret Stephenson v Parkes Shire Council; Natalee Stephenson v Parkes Shire Council; Jay Stephenson v Parkes Shire Council; South West Helicopters Pty Limited and anor. v Essential Energy (formerly Country Energy); Parkes Shire Council v South West Helicopters Pty Limited [2014] NSWSC 1758 Hearing dates: 20, 21, 22, 23, 24, 27, 28, 29, 30, 31 May 2013; 3, 4, 5, 7, 11, 13, 14, 17, 18, 19, 20 June 2013 Written submissions - 23 June; 24 July 2013; Further written submissions - 14, 17 and 18 February 2014 Decision date: 19 December 2014 Before: Bellew J Decision: (1) South West is to provide any further submissions as to the proceedings brought by the Council pursuant to s. 151Z of the Workers Compensation Act 1987 by 4.00 pm on Monday 2 February 2015;

(2) The Council is to provide any submissions in reply by 5.00 pm on Friday 6 February 2015;

(3) Any party who wishes to make submissions as to the issue of apportionment is to do so by 5.00 pm on 6 February 2015;

(4) I list the matter for delivery of judgment as to damages, and as to the proceedings brought by the Council against South West pursuant to s. 151Z of the Workers Compensation Act 1987, on 27 February 2015 at 10.00 am. Catchwords: NEGLIGENCE - helicopter company contracted by local council to conduct an aerial survey - where helicopter struck an overhead power line and crashed into a valley killing all those on board including two council employees - where helicopter flying at an altitude of approximately 120 ft - where swathe cut in vegetation below power lines - where power lines not otherwise marked by energy provider - proceedings brought by members of the family of deceased against the helicopter company and the council - where energy provider joined by cross-claim - proceedings brought by helicopter company against energy provider council for damages to helicopter and loss of profits - council joined by cross claim - liability of parties