Civil Aviation (Carriers' Liability) Act 1963 (TAS)

In the Supreme Court of Tasmania, the case between John Doe and Air Tasman Pty Ltd revolved around a claim for damages under the Civil Aviation (Carriers' Liability) Act 1963 (TAS). John Doe alleged that he sustained injuries while travelling on a flight operated by Air Tasman, which was en route from Launceston to Hobart. The primary legal issue was whether the injuries suffered by Doe were a result of Air Tasman's negligence or if they were exempt from liability under the Act. The court was required to determine the extent of Air Tasman's liability under the Act and whether the injuries were caused by an "accident" within the meaning of the legislation.

The court examined the evidence presented regarding the nature of Doe's injuries and the circumstances under which they were sustained. It considered whether the injuries were caused by an "accident" as defined in the Act, which includes any occurrence other than those caused solely by an external event. The court found that Doe's injuries resulted from an internal malfunction of the aircraft, which qualified as an "accident" under the Act. Furthermore, the court held that Air Tasman had failed to discharge the onus of proving that it had taken all reasonable measures to avoid the accident, thereby establishing negligence on the part of the carrier.

As a result, the court found Air Tasman liable for the injuries sustained by Doe under the Civil Aviation (Carriers' Liability) Act 1963 (TAS). The final orders of the court included the determination of damages to be paid by Air Tasman to John Doe, as well as any additional costs associated with the proceedings.