Page v Sydney Seaplanes Pty Ltd Trading As Sydney Seaplanes

The High Court of Australia heard an appeal from the New South Wales Court of Appeal concerning a claim for damages arising from a fatal seaplane crash. The appellant, Ms. Page, was the widow of Mr. Page, who died when a seaplane operated by the respondent, Sydney Seaplanes Pty Ltd, crashed into the Hawkesbury River. Ms. Page sought to recover damages for the death of her husband under the *Civil Liability Act 2002* (NSW).

The central legal issue before the High Court was whether the respondent owed a duty of care to the passengers on board its seaplane to take reasonable steps to prevent the risk of injury or death from the operation of the aircraft. Specifically, the court considered whether the respondent's duty of care extended to preventing the risk of injury or death arising from the pilot's intentional or reckless conduct, or from the pilot's negligence in operating the aircraft.

The High Court, in a joint judgment, held that the respondent owed a duty of care to its passengers to take reasonable steps to prevent injury or death arising from the operation of the seaplane. This duty encompassed risks of injury or death caused by the pilot's negligence. However, the court clarified that the duty of care did not extend to preventing harm caused by the pilot's intentional or reckless conduct, as such conduct falls outside the scope of the duty of care owed by an employer to its passengers in the context of operating an aircraft. The court reasoned that the purpose of the duty of care in this context is to protect passengers from risks inherent in the operation of the aircraft, not from deliberate or reckless acts of the pilot that are unrelated to the ordinary course of flying.

The appeal was dismissed.