Robinson Helicopter Company Incorporated v. McDermott & Ors

Lower Court Judgment

19/12/2014 Supreme Court of Queensland (Court of Appeal) (M McMurdo P, Holmes JA, A Wilson J)

[2014] QCA 357

Catchwords

Torts – Negligence – Where first respondent was a passenger in a Robinson R 22 helicopter which was manufactured by the appellant– Where helicopter crashed, killing the pilot and seriously injuring first respondent – Where it was a failure in the forward flexplate of the helicopter which caused it to crash – Whether appellant is liable for the failures of the helicopter – Whether a manufacturer of goods is to be held liable under ss 75AD and AE of the Trade Practices Act 1974 (Cth) or in negligence by reason of the maintenance manual calling for a technician to verify the parts without specifying the particular method to do so – Whether appellant should have been held liable without consideration of whether the negligence or breach of the Trade Practices Act was causative of any loss

Short Particulars