South West Helicopters Pty Ltd v Stephenson [2017] NSWCA 312

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: South West Helicopters Pty Ltd v Stephenson [2017] NSWCA 312 Hearing dates: 7, 8 and 9 August 2017 Decision date: 07 December 2017 Before: Basten JA at [1]; Leeming JA at [260]; Payne JA at [357] Decision: A. Matter number 2016/255761 Appellants: South West Helicopters Pty Ltd and Country Connection Airlines Pty Ltd

Respondents: 1. Ingrid Stephenson 2. Natalee Stephenson 3. Jay Stephenson 4. Essential Energy 5. Parkes Shire Council

(1) Allow the appeal and set aside the judgments obtained by the first, second and third respondents (the Stephensons) against the first appellant.

(2) Set aside orders that the first appellant pay costs to the first, second and third respondents.

(3) Give judgment for the first appellant against the fifth respondent in the amount of $139,523, such judgment to take effect from 12 August 2016.

(4) In proceedings number 339502/2009 in the Common Law Division (Parkes Shire Council's proceedings under s 151Z(1)(d)), (a) set aside orders (1)-(5); (b) dismiss the claim brought by the plaintiff against the defendant; (c) order that the plaintiff pay the defendants' costs of the trial of this proceeding.

(5) In proceedings number 339465/2009 (Ingrid Stephenson's proceedings): (a) with respect to the Compensation to Relatives claim, (i) set aside orders (1)-(4) and (6)-(10); (ii) in place thereof, give judgment for the plaintiff against Parkes Shire Council in the sum of $389,191, such judgment to take effect from 12 August 2016; (b) in relation the nervous shock proceedings, set aside orders (1), (2), (4), (5) and (7)-(9); (c) in place thereof, give judgment for the plaintiff against Parkes Shire Council in the sum of $340,791, such judgment to take effect from 12 August 2016; (d) order Parkes Shire Council to pay the plaintiff's costs of the trial.