Barclay v. Penberthy and Ors
Case No.
P55/2011
Related matter:
P57/2011 – Penberthy and Anor v. Barclay & Ors
Case Information
Lower Court Judgment
10/06/2011 Supreme Court of Western Australia (Court of Appeal)(Martin CJ, McLure J, Mazza J)
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.
Documents
09/12/2011 Hearing (SLA, Canberra by V/link to Perth)
20/12/2011 Notice of appeal
23/12/2011 Notice of contention
23/12/2011 Notice of cross-appeal
04/01/2012 Written submissions (Appellant)
04/01/2012 Chronology (Appellant)
27/01/2012 Written submissions (Third Respondent)
03/02/2012 Reply
01/05/2012 Hearing (Full Court, Canberra)
17/05/2012 Further submissions (Third Respondent)
31/05/2012 Further submissions (Appellant)
02/10/2012 Judgment (Judgment summary)
07/11/2012 Orders pronounced