Eyles v Sydney Skydivers Pty Ltd
[2026] QCA 53 · Mullins P, Boddice JA, Doyle JA
James Eyles was a qualified parachute packer who enrolled in an accelerated free-fall skydiving course, hoping to become an aerial camera operator. During a solo jump in October 2016, he broke his right leg (spiral fractures of the tibia and fibula) when he landed. He sued the skydiving company, arguing it had failed to instruct him properly during his descent. The trial judge found that the company did breach part of its duty by letting him fly over a gravel runway, but decided the injury was actually caused by Eyles reaching out with his right foot instead of landing with knees bent as he had been trained. The judge gave judgment for the company and, as a backup, found defences for inherent risk and dangerous recreational activity. Eyles appealed and the company cross-appealed on the size of the (contingent) damages. The Court of Appeal dismissed his appeal, agreeing the cause was his own landing technique, and ordered him to pay costs. The plaintiff recovered nothing.
Incident & injury
Plaintiff sustained injury to right leg during landing of a solo skydive as part of an accelerated free-fall course, having put his right leg out on landing contrary to training
Read the findings as text
- Flown over gravel. A breach was found.
- His landing technique. The breach did not cause it.
- $0 recovered, costs. [2026] QCA 53.
- Body regions
- Knee / lower leg, Right leg (Right)
- Diagnoses
- Spiral fracture of right tibia, Spiral fracture of right fibula
- Incident date
- 30 October 2016
- Location
- Aerodrome in North Queensland
Quick facts
- Date of judgment
- 27 March 2026
- Claim type
- PIPA Public Liability
- Proceeding
- Appeal
- Plaintiff outcome
- Unsuccessful
- Plaintiff age at injury
- Occupation
- Qualified parachute packer Technician / Trade Worker
- Liability
- Disputed
- Total damages
- $0
Outcome
The appeal was dismissed. The Court of Appeal upheld the trial judge's finding that the plaintiff's leg injury was caused by his own incorrect landing technique rather than any breach by the respondent, and that the s 16 inherent risk and s 19 dangerous recreational activity defences were made out. Judgment had been given for the respondent at trial.
Defendant
1 Sydney Skydivers Pty Ltd
Skydiving course provider
- Judgment against this defendant
- $0
Heads of damage
| Past economic loss | $77,469 |
|---|---|
| Future loss of economic capacity | $160,000 |
| Future special damages | $28,055 |
| Subtotal before refunds | $307,478 |
Key issues
Eyles v Sydney Skydivers Pty Ltd [2026] QCA 53
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