Endeavour Energy v Precision Helicopters Pty Ltd (No 2) [2015] NSWCA 357

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Endeavour Energy v Precision Helicopters Pty Ltd (No 2) [2015] NSWCA 357 Hearing dates: On the papers Decision date: 19 November 2015 Before: Basten JA at [1]; Macfarlan JA at [78]; Sackville AJA at [79] Decision: (1) In matter 2014/70909 (application for leave to appeal: Endeavour Energy and the Edwards children)

(a) Dismiss the application for leave to appeal. (b) Order the applicant (Endeavour) to pay the costs of the Edwards children of the application. (c) No order as to the costs of the third respondent (Precision) and the fourth respondent (Telstra).

(2) In matters 2014/70903 (including Precision's cross-appeal), 2014/70909; 2014/70915 –

(a) Set aside orders made by Johnson J on 13 February 2014 in matters SC 2008/289264; SC 2009/297468 and SC 2010/147165, other than the stays of the orders. (b) In lieu thereof – (i) Declare that the liability of Precision Helicopters Pty Ltd with respect to personal injuries suffered by Simeon Edwards as a result of the crash landing of a helicopter on 4 April 2006 is limited to the amount of $500,000 pursuant to the Civil Aviation (Carriers' Liability) Act 1967 (NSW). (ii) Declare that the liability of Precision Helicopters Pty Ltd by way of indemnity in favour of Endeavour Energy, pursuant to s 151Z of the Workers Compensation Act 1987 (NSW) is capped in the same amount. (iii) Declare that the total amount of the indemnity recoverable by Endeavour Energy under s 151Z of the Workers Compensation Act 1987 (NSW) is $7.42million.