June 12, 2022

In June 2011, a low-flying helicopter operating as part of a government weed eradication program crashed into overhead powerlines outside Cairns, causing serious injuries to three passengers onboard.

The helicopter powerline crash has led to a complex series of claims involving the helicopter operator, the energy company that owned the powerlines, and several government agencies involved in the operation.

F.n.q. Helicopter Powerline Crash ResolvedThe flight involved a helicopter owned and operated by GBR Helicopters Pty Ltd who were engaged by Cairns Regional Council for aerial surveillance for Miconia weeds as part of a joint weed eradication program with the Queensland Government.

On board with the pilot were three government employees engaged in the weed-spotting work: Peter Logan, employed by Cairns Regional Council, and John Murray and Earl Grant, both employed by the State of Queensland.

The helicopter collidied with powerlines as it was traversing down a valley to the west of the range.

The three injured passengers filed claims directly against GBR Helicopters  under the Civil Aviation (Carriers’ Liability) Act 1964 just before the two-year limitation period expired. Each claim settled relatively quickly: Logan for $400,000, Murray for $380,000, and Grant for $450,000.

After settling the claims, GBR turned its attention to recovering its losses. It filed third-party proceedings against Ergon Energy,  involved in the crash.

GBR had sought contribution in the passengers’ claims against Ergon Energy – the owner and operator of the powerlines – but subsequently abandoned that position and instead claimed for Ergon’s breaches of duty owdedto GBR itself as the helicopter operator.

In its amended claim, GBR argued that Ergon had failed to adequately identify, locate, mark, or make the powerlines sufficiently visible.

It further contended that Ergon should have taken reasonable steps to minimise the risk that its powerlines would pose to such operations and that its failure to do so directly exposed the aircraft to danger and led to the accident for which GBR had been required to pay compensation.

Ergon Energy, in response, filed its own third-party claims against both Cairns Regional Council and the State of Queensland arguing that because both government entities were responsible for organising the weed eradication flight, they also bore legal responsibility for failing to properly plan the work or ensure it could be conducted safely.

Ergon sought contribution or indemnity from the Council and the State if it were ultimately found liable to GBR.

As these further claims were brought years after the accident, questions arose about whether they were barred by statutory limitation periods. Ergon applied to the District Court for leave to issue new third-party notices outside the usual time limits.

In granting Ergon leave to amend its third-party notices and continue its claim, Judge Bernard Porter QC noted that the third-party proceedings remained interconnected with the unresolved claims between GBR and Ergon.

Judge Porter held that Ergon’s claims were not necessarily out of time and that it was not appropriate to determine the limitation issues at that preliminary stage of proceedings.

The Court also noted that allowing Ergon to pursue its amended claim would not unduly delay or prejudice the ongoing litigation, particularly as all parties had already agreed to have the multiple related proceedings heard together.

The Court ultimately granted Ergon permission to amend its pleadings and pursue its claim against both Cairns Regional Council and the State of Queensland.

The various claims proceeded on an amended basis involving claims of negligence, contribution, and recovery of economic loss stemming from the accident and the subsequent passenger settlements.

The dispute was listed for a three week trial in May but the action was discontinued in April 2022 presumably as a result of a settlement having been reached.

Logan v GBR Helicopters & Ors; Grant v GBR Helicopters & Ors; Murray v GBR Helicopters & Ors [2021] QDC 91 Porter DCJ, 24 May 2021

Categories: aircraft accident

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