Logan v GBR Helicopters & Ors; Grant v GBR Helicopters & Ors; Murray v GBR Helicopters & Ors
[2021] QDC 91 · Porter QC DCJ
This was a procedural decision arising from a 2011 helicopter crash near Cairns. A helicopter flying low to spot Miconia weeds hit power lines and crashed, injuring three passengers, Mr Logan, Mr Murray and Mr Grant, who were doing the spotting work as employees of Cairns Regional Council and the State of Queensland. The passengers settled their claims against the helicopter operator, GBR, for around $380,000 to $450,000 each. GBR then pursued the power-line owner, Ergon, which in turn wanted to bring the Council and the State into the proceedings on a new legal basis. The court had to decide whether to give Ergon permission to run that revised case, despite very long delays and an argument that the claim was out of time. The judge granted permission, finding the revised case was arguable and that the limitation question was not clear enough to decide at this early stage. The decision did not determine any damages for the injured passengers.
Incident & injury
Helicopter engaged in low-level flying for Miconia weed spotting collided with power lines and crashed, injuring passengers
- Body regions
- Multiple regions / generalised
- Incident date
- June 2011
- Location
- Cairns region, Queensland
Quick facts
- Date of judgment
- 28 May 2021
- Claim type
- Other
- Proceeding
- Interlocutory
- Plaintiff outcome
- N/A
- Plaintiff age at injury
- Occupation
- Weed-spotting worker (helicopter passenger); employee of Cairns Regional Council (Logan) / State of Queensland (Murray, Grant) Labourer
Outcome
The court granted the First Third Party (Ergon) leave to issue fourth party notices and to amend its third party pleadings in each of the three passengers' proceedings, allowing Ergon to advance a revised negligence case against the State of Queensland and Cairns Regional Council. The court declined to refuse leave on the limitation ground, holding it was not a clear case for summary determination.
Key issues
Logan v GBR Helicopters & Ors; Grant v GBR Helicopters & Ors; Murray v GBR Helicopters & Ors [2021] QDC 91
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