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McDermott v Robinson Helicopter Company (No 2)[2014] QSC 213

Reported at [2015] 1 Qd R 295

McDermott v Robinson Helicopter Company (No 2)[2014] QSC 213

Reported at [2015] 1 Qd R 295
CITATION: McDermott v Robinson Helicopter Company (No 2) [2014] QSC 213
JUDGE(S): P Lyons J
DELIVERED ON: 29 August 2014
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Editorial Notes

  • Published Case Name:

    McDermott & Ors v Robinson Helicopter Company (No 2)

  • Shortened Case Name:

    McDermott v Robinson Helicopter Company (No 2)

  • Reported Citation:

    [2015] 1 Qd R 295

  • MNC:

    [2014] QSC 213

  • Court:

    QSC

  • Judge(s):

    P Lyons J

  • Date:

    29 Aug 2014

Litigation History

EventCitation or FileDateNotes
Primary Judgment[2014] QSC 3417 Mar 2014A helicopter crashed killing the pilot and left Mr McDermott suffering serious injuries. The issue was whether the helicopter's maintenance manual for the helicopter provided an adequate inspection procedure to detect the defect which caused the crash. Claim dismissed: P Lyons J.
Primary Judgment[2014] QSC 21329 Aug 2014Costs orders: P Lyons J.
Appeal Determined (QCA)[2014] QCA 35719 Dec 2014On appeal, a majority of the Court of Appeal (McMurdo P and Alan Wilson J) allowed the appeal, holding that the helicopter's maintenance manual did not provide adequate instructions to detect the defect and, ultimately, that Robinson was liable either in negligence or under the Trade Practices Act. Holmes JA dissented.
Application for Special Leave (HCA)File Number: B4/1515 Jan 2015-
Application for Special Leave (HCA)File Number: B61/1530 Oct 2015Notice of Appeal after Special Leave Granted
Special Leave Granted (HCA)[2015] HCATrans 27416 Oct 2015Special leave granted: Kiefel and Gordon JJ.
HCA Judgment[2016] HCA 22; (2016) 331 ALR 55008 Jun 2016Appeal allowed with costs. Set aside the orders of the Court of Appeal of the Supreme Court of Queensland made on 19 December 2014, and in their place order that the appeal be dismissed with costs: French CJ, Bell, Keane, Nettle and Gordon JJ.

Appeal Status

Appeal Determined (QCA) - Appeal Determined (HCA)

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