Category Archives: Aviation law

Barclay v Penberthy [2012] HCA 40 | 2 October 2012

ON 2 OCTOBER 2012, the High Court of Australia delivered Barclay v Penberthy [2012] HCA 40 (2 October 2012)

1.It was confirmed that the rule in Barker v Bolton [1808] EWHC KB J92; (1808) 1 Camp 493 [170 ER 1033] continues to form part of the common law of Australia so that the death of a person does not in and of itself create a cause of action giving rise to a claim for damages. The court held that the employer who lost two employees in an aviation accident could not recover damages for their death even thought their death was caused by the negligence of others.

2.Confirmed that an action per quod servitium amisit (“per quod“) continues to form part of the common law of Australia so that an employer may be awarded damages for the loss of services of an injured employee. The court held that the employer could recover damages from the negligent pilot, his employer and aeronautical engineer for the market value of the loss of the services of its injured employees, calculated with reference to the cost of substitute labour less the wages no longer payable to the injured employees.

3.Held that the negligent pilot and employer owed a duty to the employer of the passengers no to cause it economic pure loss.

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Sydney, Australia

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When can mobile phones be used on a plane?

For information about the use of mobile hones and electronic devices on a plane, visit http://www.casa.gov.au/scripts/nc.dll?WCMS:STANDARD::pc=PC_101302

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Sydney, Australia

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New Flight Guidelines for Personal Electronic Devices

The Civil Aviation Safety Authority (CASA) has issued an Airworthiness Bulletin with revised guidelines for the expansion of the use of Personal Electronic Devices during flights.

FROM 26 JUNE 2014, Passengers on Qantas and Virgin will be able use small mobile devices (weighing less than 1kg) such as phones during take off and landing.

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Sydney, Australia

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Commerce Commission v Malaysia Airlines System Berhad Limited [2013] NZHC 845

Commerce Commission v Malaysia Airlines System Berhad Limited [2013] NZHC 845 (22 April 2013).

http://www.nzlii.org/nz/cases/NZHC/2013/845.html

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Barclay v Penberthy

ON 2 OCTOBER 2012, the High Court of Australia delivered Barclay v Penberthy [2012] HCA 40 (2 October 2012)

1.It was confirmed that the rule in Barker v Bolton [1808] EWHC KB J92; (1808) 1 Camp 493 [170 ER 1033] continues to form part of the common law of Australia so that the death of a person does not in and of itself create a cause of action giving rise to a claim for damages. The court held that the employer who lost two employees in an aviation accident could not recover damages for their death even thought their death was caused by the negligence of others.

2.Confirmed that an action per quod servitium amisit (“per quod“) continues to form part of the common law of Australia so that an employer may be awarded damages for the loss of services of an injured employee. The court held that the employer could recover damages from the negligent pilot, his employer and aeronautical engineer for the market value of the loss of the services of its injured employees, calculated with reference to the cost of substitute labour less the wages no longer payable to the injured employees.

3.Held that the negligent pilot and employer owed a duty to the employer of the passengers no to cause it economic pure loss.

Patel v Malaysian Airlines Australia Ltd (No 2) [2011] NSWDC 4

Patel v Malaysian Airlines Australia Ltd (No 2) [2011] NSWDC 4 (14 February 2011).

http://www.austlii.edu.au/au/cases/nsw/NSWDC/2011/4.html

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Sim Kooi Soon v Malaysia Airlines System [2010] MYCA 84

Sim Kooi Soon v Malaysia Airlines System – NO: W-04-22-2005 [2010] MYCA 84 (22 October 2010).

http://www.commonlii.org/my/cases/MYCA/2010/84.html

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Sydney, Australia

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Sim Kooi Soon v Malaysia Airlines System [2009] MYCA

Sim Kooi Soon v Malaysia Airlines System – NO: W-04-22-2005 [2009] MYCA 57 (11 September 2009).

http://www.commonlii.org/my/cases/MYCA/2009/57.html

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Jetstar Airways Pty Ltd v Free [2008] VSC 539

Jetstar Airways Pty Ltd v Free [2008] VSC 539 (3 December 2008).

http://www.austlii.edu.au/au/cases/vic/VSC/2008/539.html

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Sydney, Australia

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Ansett Australia Limited v Malaysian Airline System Berhad (No 2) [2008] VSC 156

Ansett Australia Limited v Malaysian Airline System Berhad (No 2) [2008] VSC 156 (9 May 2008).

http://www.austlii.edu.au/au/cases/vic/VSC/2008/156.html

Lawyers 1300 00 2088