Logan v GBR Helicopters & Ors; Grant v GBR Helicopters & Ors; Murray v GBR Helicopters & Ors (No. 2)
[2021] QDC 239 · Porter QC DCJ
This case arose from a 2011 helicopter crash near Cairns, where a helicopter conducting aerial surveying of weeds flew into power lines, injuring three passengers, Messrs Logan, Murray and Grant, and the pilot. The passengers settled their personal injury claims against the helicopter operator, GBR, under a special aviation liability scheme that makes carriers strictly liable but caps the amount payable. GBR then pursued the electricity company, Ergon, claiming Ergon's negligence in managing the power lines caused the crash. Ergon had earlier admitted in its pleadings that the aviation liability scheme applied, but later sought permission to withdraw that admission, arguing the scheme did not apply because the weed-spotting flight was outside what the helicopter's operating certificate authorised. The judge refused permission, finding Ergon's legal argument was clearly wrong and that allowing the change would risk delaying the trial set for May 2022. Ergon was ordered to pay the costs of the application.
Incident & injury
Helicopter conducting aerial surveying of miconia weeds flew into power lines and crashed, injuring the three passengers
- Body regions
- Multiple regions / generalised
- Location
- near Cairns, Queensland
Quick facts
- Date of judgment
- 23 September 2021
- Claim type
- Other
- Proceeding
- Interlocutory
- Plaintiff outcome
- N/A
- Occupation
- Not stated
Outcome
Ergon's application for leave to withdraw an admission of law (that GBR became liable to the passengers under the Civil Aviation (Carriers' Liability) scheme) was dismissed. The Court held Ergon's argument that the scheme did not apply because the weed-spotting flight was outside the scope of the AOC was clearly wrong, making withdrawal futile, and that allowing it risked disrupting the trial dates.
Key issues
Logan v GBR Helicopters & Ors; Grant v GBR Helicopters & Ors; Murray v GBR Helicopters & Ors (No. 2) [2021] QDC 239
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