Sheather v Country Energy

Sheather v Country Energy concerned an appeal to the New South Wales Court of Appeal following a helicopter crash. The appellant, Mr. Sheather, was the owner of a helicopter that crashed into unmarked power lines owned by the respondent, Country Energy. Mr. Sheather alleged that Country Energy was negligent in failing to mark the power lines. Country Energy contended that the pilot's conduct, specifically engaging in unlawful low-level flying, was relevant to its liability.

The central legal issues before the Court of Appeal were whether the pilot's unlawful conduct was relevant to the existence or content of Country Energy's duty of care, or alternatively, whether it constituted a voluntary assumption of risk by Mr. Sheather, or amounted to contributory negligence, or impacted the issue of causation.

The Court of Appeal found that the pilot's unlawful conduct was not relevant to the existence or content of Country Energy's duty of care. It also held that the pilot's actions did not amount to a voluntary assumption of risk in the legal sense, nor did they constitute contributory negligence. The Court determined that while the pilot's conduct was a cause of the accident, it did not break the chain of causation flowing from Country Energy's negligence. The Court allowed the appeal, setting aside the verdict and judgment below, and entered judgment for Mr. Sheather for $160,250.00 plus interest and costs.