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Old 6th Apr 2021, 13:41
  #35 (permalink)  
Swiss Cheese
 
Join Date: Feb 2007
Location: England
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Remember that this is just NSW, and not a binding precedent anywhere else.

At para 107 of the ruling, once can smell the evidence pointing to pilot error and negligence:

In other words, the process undertaken by the Pilot was one which, on any reasonable basis, could not identify risks involved in the landing or take-off of the aircraft, namely, obstacles on the Airstrip (albeit in the very small area that was obscured by the aircraft) and in the splay to the south of the Airstrip. Further, to the extent that the Pilot discerned colours, as he said in evidence, but could not ascertain the height and nature of the coloured item, this demanded further investigation.

The judge went on to say that the pilot had no claim against the Council for the placing of the Ferris Wheel, as the pilot was engaging in an inherently dangerous activity (i.e flying recreationally).

Had this happened in the UK or Ireland, then the pilot would be held strictly liable, without any need or proof of negligence, for the damages to the claimant. (Section 76 (2), Civil Aviation Act 1982 - e.g. Shoreham Airshow accident). The ruling would have been half the length...


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