Cecilia Filipovic and 3 Ors v Heli-Australia Pty Ltd and 4 OrsTony Filipovic v Heli-Australia Pty Ltd and 5 Ors

The plaintiffs, Cecilia Filipovic and others, along with Tony Filipovic, separately brought claims against Heli-Australia and others, related to helicopter accidents that occurred in 2004 and 2005. The plaintiffs sought compensation for injuries sustained in these incidents, while the defendants raised the defence of exclusion clauses within the aviation insurance policies that covered the helicopters involved. The High Court of Australia was asked to determine whether these exclusion clauses, which excluded liability for 'low flying', applied to the circumstances of the accidents.

The central legal issue before the Court was whether the term 'low flying', as used in the insurance policies, was ambiguous and thus needed to be construed against the insurer. The Court also considered whether the exclusion clause was broad enough to cover the specific circumstances of the accidents, and if it should be interpreted narrowly or broadly. The Court examined the policies and the facts of the accidents to determine the meaning of 'low flying' and whether it applied to the situations in question.

The Court concluded that the term 'low flying' was ambiguous and thus should be construed against the insurer. The Court found that the exclusion clause did not apply to the circumstances of the accidents, as they did not involve typical 'low flying' activities. The Court also held that the exclusion clause was not broad enough to cover the specific circumstances of the accidents, as it did not clearly encompass the activities that took place. As a result, the defendants were liable for the plaintiffs' injuries.

The Court ordered that the defendants, Heli-Australia and others, were liable for the plaintiffs' injuries and should compensate them accordingly. The Court did not find it necessary to determine the exact amount of damages owed, as this was to be decided in further proceedings. The Court's decision clarified the interpretation of 'low flying' exclusion clauses in aviation insurance policies and provided guidance for future cases involving similar issues.