Full Court Minute Books

Case P55/2011

Barclay v. Penberthy and Ors

Case No.


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)

[2011] WASCA 102


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


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