ACQ Pty Ltd v Cook

ACQ Pty Ltd (the owner and operator of an aircraft) and the pilot of that aircraft appealed against a judgment in favour of Mr Cook, a linesman employed by a power company. Mr Cook suffered injury from an electric shock after a power line, dislodged from its supporting pole when struck by the aircraft, fell and made contact with him. The dispute concerned whether the pilot owed Mr Cook a duty of care, whether ACQ was vicariously liable for the pilot's actions, and the application of the *Damage by Aircraft Act 1999* (Cth) (DAA).

The court was required to determine several legal issues. These included whether the pilot owed a duty of care to a linesman who was not in the immediate vicinity of the aircraft's flight path but was a foreseeable potential victim of negligent flying. The court also had to consider whether the owner and operator of the aircraft were vicariously liable for the pilot's actions, and the scope of the statutory liability imposed by the DAA, particularly the meaning of "caused by" in section 10(1)(d). Further issues involved the applicability of common law defences such as voluntary assumption of risk and contributory negligence to claims under the DAA, and whether the employer of the linesman owed a duty of care to Mr Cook.

The court held that the pilot owed no duty of care to Mr Cook concerning the manner in which he flew the aircraft, as Mr Cook was not in the proximity of the flight path. However, the court found that section 10(1)(d) of the DAA extended to indirect or consequential results of an impact that fell within other subsections of section 10(1). Consequently, ACQ, as the owner and operator, was liable to Mr Cook under the DAA for his injuries, which were a consequence of the collision between the aircraft and the power line. The court also determined that contributory negligence was not a partial defence to an action brought under section 10(1)(d) of the DAA, and that Mr Cook had not voluntarily assumed the risk. Furthermore, there was no breach of the employer's duty of care.

The court ordered that the appeal by ACQ Pty Ltd be allowed in part, with the finding that the pilot owed no duty of care to Mr Cook being upheld. However, ACQ remained liable to Mr Cook under the *Damage by Aircraft Act 1999* (Cth) for the injuries he suffered.