Contact: Carter Newell (Queensland, Australia)
Echin v Southern Tablelands Gliding Club [2013] NSWSC 516
The Supreme Court of New South Wales has recently handed down its decision in Echin v Southern Tablelands Gliding Club [2013] NSWSC 516, in which various defences raised under the Civil Liability Act 2002 (NSW) were explored.
Background
The plaintiff, a member of the Southern Tablelands Gliding Club (Club), was injured when a glider he was piloting collided with power lines during an attempted landing at the Club's airstrip.
During the last of four flights on the day of the incident, the plaintiff was directed via radio (by the duty pilot, a volunteer member of the Club) to make a "hanger landing", the purpose of which was to land the aircraft close to the hanger to minimise the distance for towing.
The plaintiff had originally intended to land on runway 23 (the main strip), however, after being instructed to conduct a hanger landing, opted to land on runway 28, which involved navigating over power lines. The plaintiff had undertaken such landings previously. As the plaintiff approached runway 28 to land, the aircraft collided with the power lines and fell 100 feet to the ground. The plaintiff suffered consequent injuries.
Quantum was agreed between the parties and, as such, the trial concerned only issues of liability. Ultimately, the Court rejected the plaintiff's assertion the Club had provided insufficient training / instructions in regard to undertaking his hangar landing. Accordingly, the Court held the Club had not breached its duty of care and therefore found against the plaintiff.
While the Court was not required to do so, it proceeded to explore further defences raised by the Club.
