Ingrid Margaret Stephenson v Parkes Shire Council; Natalee Stephenson v Parkes Shire Council; Jay Stephenson v Parkes Shire Council; South West Helicopters Pty Limited v Essential Energy (formerly Country Energy); Parkes Shire Council v South West Helicopters Pty Limited (No 2) [2015] NSWSC 719

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 v Essential Energy (formerly Country Energy); Parkes Shire Council v South West Helicopters Pty Limited (No 2) [2015] NSWSC 719 Hearing dates: Written submissions: 23 February 201527 February 2015 6 March 2015 19 March 2015 20 March 2015 Date of orders: 19 June 2015 Decision date: 19 June 2015 Jurisdiction: Common Law Before: Bellew J Decision: 1. The parties are to bring in Short Minutes of Order reflecting my conclusions as to liability, damages and apportionment. 2. The parties are to provide written submissions as to costs to my Associate by 5.00 pm on Monday 20 July 2015, such submissions not to exceed 3 pages in length in each case. 3. The proceedings are listed before me at 9.30 am on Friday 24 July 2015 for the making of orders in accordance with the Short Minutes referred to in Order 1, along with orders as to costs. Catchwords: DAMAGES – claims for nervous shock and associated claim under the Compensation to Relatives Act by members of the family of a deceased killed in a helicopter accident

DAMAGES – where damages sought by the owner and bailee of damaged helicopter – whether claim an apportionable claim under the Civil Liability Act 2002 (NSW)

DAMAGES – apportionment – where three parties found to have breached their duty of care – where breaches found to be causative of the accident – necessity to compare culpability and causal potency in order to apportion responsibility