Kerry Packer's Falcon roo-ted
Join Date: May 2002
Location: Illawarra
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Some posts not entirely correct
If you hit a cow in your car and you can identify who owned the cow, then the claim goes to the owner of the cow! If a farmer did not take reasonable steps to keep his animals out of harms way, then he would be liable for the damage and the insurance companies would persue him for retribution. Simple fact.
If Cooma Council DID NOT take REASONABLE STEPS to make sure animals could not invade the airport, then they would be liable in this instance. Let's put aside what Mr Packer is worth; the fact is he enjoys the same right as everybody else. Simple fact.
If Cooma Council DID NOT take REASONABLE STEPS to make sure animals could not invade the airport, then they would be liable in this instance. Let's put aside what Mr Packer is worth; the fact is he enjoys the same right as everybody else. Simple fact.
THREEGREENS,
A runway is not a gazetted road, kangaroos are wild, you could not prove ownership.
Again as you hinted, I would also leave it up to the insurance people.
A runway is not a gazetted road, kangaroos are wild, you could not prove ownership.
Again as you hinted, I would also leave it up to the insurance people.
Join Date: May 2001
Location: Darwin, Mostly.
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Some Cute points of Law as I understand them
If you hit a dog and the owner can be identified, the owner is at fault for failing to keep the animal under control.
If you hit a cow anywhere but Queensland, ditto, BUT in Qld cattle have the right of way and if you hit one not only do you get to fix your car yourself but you get 500Kg of beef too at whatever price the cocky says its worth.
All wild/feral animals the bets are off as no one is able to proved as owner.
Keeping an airstrip free of self relocating hazards???
LOTS OF LUCK!!
If you hit a cow anywhere but Queensland, ditto, BUT in Qld cattle have the right of way and if you hit one not only do you get to fix your car yourself but you get 500Kg of beef too at whatever price the cocky says its worth.
All wild/feral animals the bets are off as no one is able to proved as owner.
Keeping an airstrip free of self relocating hazards???
LOTS OF LUCK!!
Join Date: Jan 2004
Location: WX at our destination is 32 deg with some bkn cld, but we'll try to have them fixed before we arrive
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As for straying animals on a highway:
[20-550] Rule in Searle v Wallbank In all States and Territories except the Northern Territory and Queensland, the common law principle known as the rule in Searle v Wallbank has been abolished. The rule provided that there was no general obligation on the part of an owner or occupier of land adjoining a highway to fence the land to keep that person’s domestic animals, not known to be dangerous, off the highway. Accordingly, if an animal escapes onto a highway and injures a person lawfully using the highway, the owner or occupier of the adjacent land is liable only if:
(1) knowledge can be shown that the animal possessed a vicious or mischievous propensity; or
(2) possibly, where there are other special circumstances which take the case out of the ordinary rule and are known to the owner; or
(3) possibly, where the animals escape in such numbers so as to cause an obstruction. In Queensland, the rule has been held to be inappropriate to an Association which ran an agriculture show.
[20-550] Rule in Searle v Wallbank In all States and Territories except the Northern Territory and Queensland, the common law principle known as the rule in Searle v Wallbank has been abolished. The rule provided that there was no general obligation on the part of an owner or occupier of land adjoining a highway to fence the land to keep that person’s domestic animals, not known to be dangerous, off the highway. Accordingly, if an animal escapes onto a highway and injures a person lawfully using the highway, the owner or occupier of the adjacent land is liable only if:
(1) knowledge can be shown that the animal possessed a vicious or mischievous propensity; or
(2) possibly, where there are other special circumstances which take the case out of the ordinary rule and are known to the owner; or
(3) possibly, where the animals escape in such numbers so as to cause an obstruction. In Queensland, the rule has been held to be inappropriate to an Association which ran an agriculture show.
Join Date: Dec 2004
Location: Sydney
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This would open up a legal flood gate, if he won.If every driver that hit a roo could sue the governing municipality then surely our rates would increase to pay the debt. I say kill them all
....................... laywers that is.
....................... laywers that is.
Join Date: Mar 2005
Location: shivering in the cold dark shadow of my own magnificence.
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guys, guys, guys,
We all know that it's not possible for anything to gain access to a runway these days without asic cards/ backround checks, metal detectors and the ocasional strip search....for our own safety.
Clearly this was the act of a terrorist "cell" posing as roo suit wearing baggage handlers intent on attacking our media.
Snowy river shire council...we salute you.
We all know that it's not possible for anything to gain access to a runway these days without asic cards/ backround checks, metal detectors and the ocasional strip search....for our own safety.
Clearly this was the act of a terrorist "cell" posing as roo suit wearing baggage handlers intent on attacking our media.
Snowy river shire council...we salute you.
Join Date: Sep 2004
Location: GIRT, BY SEA
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Who believes a word that is written in the Telecrap anyway?
Having talked to the Cooma aerodrome caretaker, the facts were:
Flight was notified
Radio calls made
Runway was inspected prior to landing
Roo hid until the last moment, then committed suicide against the wing
Insurance paid out
Insurer now looking to recoup their cost.
It is the insurer going for the council, not the owner.
The airport would love to remove the excess roos from the area. All but one of the adjoining farm owners cull the roos and maintain their boundaries. The real rogue is the tree-hugging dill who refuses to cull, so where do you reckon the roos go to avoid being shot? Who should be sued for allowing a hazard to shelter in his paddocks?
SWH, you say in several posts that a pilot should be so careful that he would never hit anything. Then you say "If I happened to hit a roo..." So you admit that even YOU could hit one?
Having talked to the Cooma aerodrome caretaker, the facts were:
Flight was notified
Radio calls made
Runway was inspected prior to landing
Roo hid until the last moment, then committed suicide against the wing
Insurance paid out
Insurer now looking to recoup their cost.
It is the insurer going for the council, not the owner.
The airport would love to remove the excess roos from the area. All but one of the adjoining farm owners cull the roos and maintain their boundaries. The real rogue is the tree-hugging dill who refuses to cull, so where do you reckon the roos go to avoid being shot? Who should be sued for allowing a hazard to shelter in his paddocks?
SWH, you say in several posts that a pilot should be so careful that he would never hit anything. Then you say "If I happened to hit a roo..." So you admit that even YOU could hit one?
Join Date: May 2002
Location: Permanently lost
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Crikey, he only hit a roo.
Try Warburton where there are a couple of horses that graze along the side of the runway. They are so used to the aircraft coming and going they just about hold up score cards.
And if horses are not enough, not too far away there is Blackstone where the camels will wander out of the scrub just as you are on short final and then bolt for the other side.
Try Warburton where there are a couple of horses that graze along the side of the runway. They are so used to the aircraft coming and going they just about hold up score cards.
And if horses are not enough, not too far away there is Blackstone where the camels will wander out of the scrub just as you are on short final and then bolt for the other side.
90 in the right lane??? Nup 85, wouldn't want to overdo it!
Actually the cruiser goes outback at least once or twice a year and into the bush every second weekend. I learned the hard way about not having a B-Bar
Actually the cruiser goes outback at least once or twice a year and into the bush every second weekend. I learned the hard way about not having a B-Bar
Join Date: Mar 2001
Location: Dunnunda & Godzone
Age: 74
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Nothing quite gets your attention so much as a herd of camels appearing in the headlights at 110kph on the Great Eastern Highway outside of Coolgardie.
Lets just say whilst it may not be possible for a camel to pass through the eye of a needle it is possible to drive underneath one in a Cruiser driven by a rich man given no other alternatives.
Lets just say whilst it may not be possible for a camel to pass through the eye of a needle it is possible to drive underneath one in a Cruiser driven by a rich man given no other alternatives.
I originally didn't think I needed a bullbar and made the mistake of saying this in the Innamincka pub.
Three days later I was back there drowning my sorrows after having a run in with a one wire outback gate (the rag had blown off it and I didn't see it till too late.) Friendly barman enquires "still think you don't need a bar?"
Three days later I was back there drowning my sorrows after having a run in with a one wire outback gate (the rag had blown off it and I didn't see it till too late.) Friendly barman enquires "still think you don't need a bar?"
