Paterson v Air Link Pty Ltd

The case of Paterson v Air Link Pty Ltd dealt with a claim by a passenger who sustained injuries when falling while disembarking from a helicopter. The plaintiff argued that her injuries were the result of an accident within the meaning of the Civil Liability Act 2002 (NSW). Air Link Pty Ltd, the defendant, contested that the incident did not qualify as an accident under the Act, arguing instead that the plaintiff's injuries were foreseeable and thus not compensable. The matter was heard in the Supreme Court of New South Wales.

The primary legal issue before the court was whether the plaintiff's fall from the helicopter constituted an "accident" as defined in section 5D(1) of the Civil Liability Act 2002 (NSW). The court needed to determine if the fall was an unforeseen event and not an event that could reasonably be foreseen. The plaintiff argued that the fall was an unexpected event that occurred due to factors beyond her control, while the defendant contended that the fall was a foreseeable consequence of the disembarkation process.

The court considered the statutory definition of "accident" and examined whether the fall was unforeseen or could reasonably have been foreseen. It took into account the circumstances leading up to the fall, the actions of the plaintiff, and any warnings or information provided by the defendant. The court found that while the plaintiff's fall was unexpected, it was also a foreseeable consequence of the disembarkation process. Given the nature of disembarking from a moving helicopter, the court held that the fall was an event that could reasonably have been foreseen and thus did not qualify as an "accident" under the Act. Consequently, the plaintiff's claim was dismissed.

The final orders of the court reflected the determination that the plaintiff's injuries were not caused by an accident within the meaning of the Civil Liability Act 2002 (NSW). The court dismissed the plaintiff's claim in its entirety, with no orders for costs.