Insurance Law

Contact: Shannon O'Hara, Carter Newell (Queensland, Australia)

Endeavour Energy v Precision Helicopters Pty Ltd [2015] NSWCA 169

Readers may recall our March 2014 newsletter¹ canvassed the NSW Supreme Court decision in the matter of Edwards and Ors v Endeavour Energy and Others Precision Helicopters Pty Limited v Endeavour Energy and Ors; Endeavour Energy v Precision Helicopters Pty Limited and Anor (No. 4)² (Edwards Decision).

This matter was recently considered by the NSW Court of Appeal with an ensuing decision which alters the findings of the trial judge as to the issue of whether the Civil Aviation (Carriers’ Liability) Act 1967 (NSW) (CACLA)³ had application to the claim and secondly, whether Mr Simeon Edwards (Edwards) was a passenger for the purpose the CACLA. The Court of Appeal judgment also has liability implications which power and communication asset owners ought take note of. 

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