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Old 22nd May 2013, 10:43
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Up-into-the-air
 
Join Date: May 2010
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av8 District Court Case

The full details are at:

http://vocasupport.com/?page_id=1475

In general:

Nature of case

1. These proceedings involve an economic loss claim founded upon allegations of negligence and breach of contract concerning the flying of a civilian helicopter that was damaged when it struck a suspended overhead powerline.

2. On 29 January 2009, in conditions of deteriorating weather, whilst on flight from Scone to Sydney, following a descent below cloud level near Broke and then flying on for several minutes after that descent, the helicopter struck an 11kV powerline from Rothbury that was suspended over a valley located in restricted military airspace, variously described as map reference R564(A) or R532(A) on Mt Broken Back, near Singleton Army Base, in NSW. The presence of that powerline was not indicated on the map comprising the current visual navigation chart ["VNC"] that was then available to the defendant's pilot: Exhibit "F".

3. The cost of repairs to the helicopter amounted to $631,104.82. Those repair costs are not the subject of these proceedings. Following completion of those repairs, the plaintiff seeks damages in respect of the cost of the excess payment it made pursuant to its policy of insurance, the claimed diminution in the resale value of the helicopter, and the loss of profits during the period it could not be used or hired whilst it was under repair. That claim was initially quantified by the plaintiff in the amount of $1,172,293.62, but later reduced to a claim for $708,440.10: Exhibit "B". The Civil Liability Act 2002 ["CL Act"] applies to these proceedings.

Parties


4. AV8 Air Charter Pty Limited ["the plaintiff"], owned the helicopter. Sydney Helicopters Pty Limited ["the defendant"], was the bailee or hirer of that helicopter, and the defendant's pilot was in control of the helicopter at the time of the wire strike.
or: AV8 Air Charter Pty Ltd v Sydney Helicopters Pty Ltd [2012] NSWDC 220 - District Court - NSW Caselaw

Last edited by Up-into-the-air; 22nd May 2013 at 10:51. Reason: More info
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