Damage By Aircraft Act 1963 (TAS)

The case involved a dispute under the Damage by Aircraft Act 1963 (TAS), with the plaintiff seeking damages for loss or damage caused by an aircraft. The defendant argued that the statutory provisions did not impose liability without negligence. The matter was heard in the Supreme Court of Tasmania. The court was tasked with interpreting the provisions of the Act, particularly the extent of the owner's liability for damage caused by an aircraft in flight, taking off, or landing. It also had to determine whether the statutory provisions imposed liability without proof of negligence.

The court examined the language of the Act and concluded that it imposed liability on the owner of an aircraft for damage caused by an aircraft in flight, taking off, or landing without requiring proof of negligence. The court held that the statutory provisions created a strict liability regime, meaning that the owner's liability was not contingent on proving negligence. The court also found that the owner was entitled to be indemnified by any other person liable for the damage.

The court found in favour of the plaintiff and awarded damages. The defendant was held strictly liable for the damage caused by the aircraft, and the plaintiff was entitled to recover damages without proving negligence on the part of the defendant. The court also ordered that the defendant be indemnified by any other person liable for the damage.