Bobridge v Choppair Helicopters Pty Ltd

The applicant, Bobridge, sought to recover damages for personal injury sustained in a helicopter crash. The respondent, Choppair Helicopters Pty Ltd, was the operator of the helicopter. The proceedings were heard in the Supreme Court of Western Australia.

The central legal issue before the court was whether the respondent had breached its duty of care to the applicant, and if so, whether that breach caused the applicant's injuries. Specifically, the court had to determine if the pilot's actions constituted negligence and if the helicopter was airworthy at the time of the accident.

Burchardt J found that the pilot's actions in attempting to land the helicopter in adverse weather conditions, despite being aware of the risks, constituted a breach of the duty of care owed to the applicant. The court applied the principles of negligence, considering the standard of care expected of a reasonable pilot in similar circumstances. The evidence established that the pilot's decision-making was causative of the crash and the applicant's subsequent injuries.

The court ordered that the respondent was liable for the applicant's injuries and awarded damages.