ACQ Pty Ltd v Cook

HIGH COURT OF AUSTRALIAFRENCH CJ,GUMMOW, HEYDON, CRENNAN AND BELL JJMatter No S107/2009ACQ PTY LIMITED  APPELLANTANDGREGORY MICHAEL COOK & ANOR  RESPONDENTSMatter No S108/2009AIRCAIR MOREE PTY LIMITED  APPELLANTANDGREGORY MICHAEL COOK & ANOR  RESPONDENTSACQ Pty Limited v CookAircair Moree Pty Limited v Cook[2009] HCA 285 August 2009S107/2009 & S108/2009ORDERMatter No S107/20091.        Appeal dismissed.2.Appellant to pay the costs of the first respondent.Matter No S108/20091.        Appeal dismissed.2.Application for special leave to cross-appeal dismissed.3.Appellant to pay the costs of the first respondent of both the appeal and the application for special leave to cross-appeal.On appeal from the Supreme Court of New South WalesRepresentationB W Walker SC with G Curtin for the appellants in both matters (instructed by Riley Gray-Spencer Lawyers)P Menzies QC with G Giagios for the first respondent in both matters (instructed by Whitelaw McDonald)Submitting appearances for the second respondent in both mattersNotice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSACQ Pty Limited v Cook Aircair Moree Pty Limited v Cook Aviation – Liability for damage caused by aircraft – Crop dusting aircraft collided with conductor in cotton field – Electrical linesman dispatched to repair conductor tripped or fell near it – Injury occurring after electric arc – Whether injury "caused by ... something that is a result of an impact" with an aircraft in flight – Damage by Aircraft Act 1999 (Cth), s 10(1). Words and phrases – "something", "caused by". Damage by Aircraft Act 1999 (Cth), ss 10(1), 11. FRENCH...