Case P57/2011

Penberthy and Anor v. Barclay and Ors

Case No.

P57/2011

Related matter:

P55/2011 – Barclay v. Penberthy and Ors

Case Information

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

Documents

09/12/2011 Hearing (SLA, Canberra by v/link to Perth)

21/12/2011 Notice of appeal

23/12/2011 Notice of contention

23/12/2011 Notice of cross-appeal

05/01/2012 Written submissions (Appellants)

05/01/2012 Chronology (Appellants)

27/01/2012 Written submissions (Second Respondent)

03/02/2012 Reply

01/05/2012 Hearing (Full Court, Canberra)

17/05/2012 Further submissions (Second Respondent)

02/10/2012 Judgment   (Judgment summary)

07/11/2012 Orders pronounced