Aircraft Technicians of Australia Pty Ltd v Archie Stephen St Clair

[2012] HCASL 17

AIRCRAFT TECHNICIANS OF AUSTRALIA PTY LTD
v
ARCHIE STEPHEN ST CLAIR & ORS
[2012] HCASL 17
B44/2011

1. In June 1994, the first respondent was injured when a helicopter he was flying crashed.  A bearing which was part of the mechanism transmitting power from the engine to the shaft to which the rotating wings were fixed had failed.  The bearing that failed was not of a kind that should have been fitted.

2. The first respondent brought proceedings in the Supreme Court of Queensland seeking damages.  He alleged, among other things, that the applicant's negligent servicing of the aircraft was a cause of the accident.  At trial, the first respondent succeeded in his claim against the applicant.  On appeal to the Court of Appeal of the Supreme Court of Queensland, that Court (Fraser, Chesterman and White JJA) dismissed the applicant's appeal against the judgment entered against it, varied the costs orders that had been made at trial, and on the first respondent's cross‑appeal increased the amount assessed at trial as the damages to be awarded to the first respondent.

3. The applicant now seeks special leave to appeal to this Court against both the Court of Appeal's decision on the applicant's liability and its assessment of damages.  Although the applicant alleges that an appeal would raise a question about the extent of the duty of care which the applicant owed the first respondent, the determinative issues at trial and on appeal to the Court of Appeal, both as to questions of liability and damages, were factual.

4. An appeal to this Court would raise no question of principle suitable to a grant of special leave.  It is not in the interests of justice generally, or in this particular case, that there be a grant of special leave.

5. Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.

K.M. Hayne
9 February 2012 S.M. Crennan