Barclay v. Penberthy and Ors

Lower Court Judgment

10/06/2011 Supreme Court of Western Australia (Court of Appeal)(Martin CJ, McLure J, Mazza J)

[2011] WASCA 102

Catchwords

Torts — Negligence — Duty of care — Economic loss — Loss of services — First respondent piloted aircraft that crashed, killing two and injuring three employees of third respondents — Cause of crash determined to be failure of part designed by applicant — Court of Appeal held applicant and first respondent owed third respondents duty of care, which they breached, causing economic loss to third respondents — Whether applicant owed third respondents duty of care in respect of economic loss claim — Whether existence of action for loss of services a relevant factor in determining whether applicant owed third respondents duty of care — Whether existence of action for loss of services requires imposition of common law duty of care.

Short Particulars