SUPREME COURT OF QUEENSLAND
CITATION:
McDermott & Ors v Robinson Helicopter Company [2014] QSC 34
PARTIES:
GRAHAM JAMES McDERMOTT
(first plaintiff)
JUANITA CAROL McDERMOTT
(second plaintiff)
NTB PASTORAL HOLDINGS PTY LTD
(third plaintiff)
v
ROBINSON HELICOPTER COMPANY
(first defendant)
FILE NO/S:
BS 4573 of 2007
DIVISION:
Trial Division
PROCEEDING:
Trial
DELIVERED ON:
17 March 2014
DELIVERED AT:
Brisbane
HEARING DATE:
13 September 2012 – 21 September 2012; 20 May 2013 – 12 June 2013; Judgment delivered 28 March 2014.
JUDGE:
Justice Peter Lyons
ORDER:
1. The claims of the plaintiffs are dismissed.
CATCHWORDS:
TORTS – NEGLIGENCE – DANGEROUS AND INJURIOUS THINGS, ETC – BREACH OF DUTY OF CARE – where the plaintiff was seriously injured in a helicopter accident – where the first defendant was the manufacturer of the helicopter and the helicopter Maintenance Manual – where the plaintiff alleged that the accident and its consequences were caused by the first defendant’s negligence in failing to exercise reasonable care to ensure that the Maintenance Manual provided an adequate inspection procedure to detect the cause of the accident – where the first defendant alleged that the Maintenance Manual provided for all appropriate and adequate inspection procedures – whether the Maintenance Manual was adequate to prevent the cause of the accident.
TRADE AND COMMERCE – COMPETITION, FAIR TRADING AND CONSUMER PROTECTION LEGISLATION – CONSUMER PROTECTION – LIABILITY OF MANUFACTURER OR IMPORTERS FOR DEFECTIVE GOODS – where the plaintiff was seriously injured in a helicopter accident – where the first defendant was the manufacturer of the helicopter and the helicopter Maintenance Manual – where the plaintiff alleged that the instructions relating to inspections in the Maintenance Manual were inadequate – where the plaintiff alleged that those inadequacies rendered the Maintenance Manual and the helicopter defective – where the plaintiff alleged that those defects caused the plaintiff to suffer damage and loss – whether the helicopter and/or the Maintenance Manual had a “defect”, for the purposes of s 75AD and s 75AE of the Trade Practices Act.
Trade Practices Act 1974 (Cth), s 75AB, s 75AC, s 75AD, s 75AE, s 75AI, s 75 AN
Carey-Hazell v Getz Bros & Co (Aust) Pty Ltd [2004] ATPR 42-014, considered
Merk Sharp & Dohme (Australia) Pty Ltd v Peterson (2011) 196 FCR 145, considered
COUNSEL:
W Sofronoff QC, with M Eliadis and C George, for the plaintiffs
G Newton QC (September 2012), R Bain QC (May-June 2013), with M Hickey, for the first defendant
SOLICITORS:
Shine Lawyers for the plaintiffs
CLS Lawyers for the first defendant
PETER LYONS J: Mr McDermott, the first plaintiff, was seriously injured in a helicopter accident on 30 May 2004. The first defendant (Robinson) was the manufacturer of the helicopter. The plaintiffs have sued Robinson and a number of other defendants. The claims against the other defendants have been settled.
The claims against Robinson raise issues both of liability and quantum. The trial was conducted in two stages. The first was intended to deal with issues relating…
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- Case
- [2014] QSC 34
- Decision Date
CaseChat Overview and Summary
The court found that the manufacturer had not been negligent in the creation of the Maintenance Manual and that the Maintenance Manual was adequate to prevent the cause of the accident. The court also found that the helicopter and the Maintenance Manual did not have a defect under the Trade Practices Act. The court held that the plaintiff's claims were without merit and dismissed them.
The court ordered that the claims of the plaintiffs be dismissed. The plaintiffs were ordered to pay the defendants' costs of the proceeding.
Orders
Orders of the court
1. The claims of the plaintiffs are dismissed.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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