Fugro Spatial Solutions Pty Ltd v Cifuentes

Fugro Spatial Solutions Pty Ltd, a company engaged in hydrographic surveying, brought an action against Cifuentes, the pilot of a plane that crashed, resulting in the death of several employees of Fugro. The company claimed damages for the loss of services of the deceased employees, the death of the employees, and a breach of implied warranties under the Trade Practices Act 1974 (Cth). The court was required to decide several issues, including whether there was a duty of care owed by the pilot to the deceased employees, whether a common law action for loss of services or death existed, and whether the implied warranties in s 74 of the Trade Practices Act 1974 (Cth) were excluded.

The court found that the pilot owed a duty of care to the deceased employees, but the standard of care required in an emergency was lower than in normal circumstances. The court held that the engineer's negligence caused the engine failure, which led to the crash, and apportioned liability between the pilot and the engineer. The court found that there was no common law action for loss of services or death, but held that the engineer's negligence gave rise to a cause of action under the Trade Practices Act 1974 (Cth). The court held that the implied warranties in s 74 of the Act were not excluded and that the services and materials provided by the engineer were not provided with due care and skill.

The court awarded damages to Fugro for the loss of services of the deceased employees, the death of the employees, and the breach of implied warranties. The court also made orders for contribution between the pilot and the engineer, which were not contrary to s 7 of the Law Reform (Contributory Negligence and Tortfeasors' Contribution) Act 1947 (WA). The court held that the original orders for damages reflected the apportionment of liability between the pilot and the engineer.