Markey v Wansey

In *Markey v Wansey*, the appellant, the pilot of an aircraft, appealed against a judgment of the Supreme Court of New South Wales which found him negligent and liable for damages arising from a crash landing. The aircraft had experienced a partial power failure, and the pilot had managed to return to the airfield. The central dispute concerned whether the pilot's decision to lower the undercarriage for landing in these circumstances constituted negligence and whether this action caused the subsequent crash landing.

The Court of Appeal was required to determine two primary legal issues. Firstly, whether the pilot's conduct in lowering the undercarriage constituted a breach of his duty of care to the passenger. Secondly, whether, assuming a breach of duty, that breach was causative of the damage suffered by the passenger in the crash landing.

The Court of Appeal allowed the appeal, setting aside the original verdict and judgment. The judges reasoned that the pilot's decision to lower the undercarriage was a reasonable response to the emergency situation, and therefore did not amount to negligence. The court found that the evidence did not establish that the act of lowering the undercarriage caused the crash landing. Consequently, the court ordered that there be a verdict and judgment for the appellant, and that the first respondent (the passenger) pay the costs of the action and the appeal.