ACQ Pty Limited v Cook & Anor; Aircair Moree Pty Limited & Cook

The High Court of Australia considered an appeal concerning the liability of ACQ Pty Limited and Aircair Moree Pty Limited for injuries sustained by Mr. Cook. The dispute arose from an incident where Mr. Cook was injured while a passenger in a helicopter operated by Aircair Moree Pty Limited, which was allegedly engaged in aerial agricultural work for ACQ Pty Limited. Mr. Cook sought damages for personal injuries.

The central legal issues before the High Court were whether the appellants owed a duty of care to Mr. Cook, and if so, whether they breached that duty, thereby causing his injuries. Specifically, the court had to determine the scope of the duty of care owed by a principal engaging a contractor for aerial agricultural services, and the extent to which that duty extended to ensuring the safety of individuals involved in such operations.

The High Court analysed the principles of vicarious liability and non-delegable duties in the context of engaging independent contractors. The court affirmed that a principal can owe a non-delegable duty of care to ensure that work carried out by an independent contractor is performed with reasonable care, particularly where the work is inherently dangerous or involves a special risk of harm. The court found that the operation of helicopters for aerial agricultural purposes carried such risks. The court ultimately held that ACQ Pty Limited owed a non-delegable duty of care to Mr. Cook, and that this duty had been breached.