Parkes Shire Council v South West Helicopters Pty Limited

HIGH COURT OF AUSTRALIAKIEFEL CJ,BELL, KEANE, GORDON AND EDELMAN JJPARKES SHIRE COUNCIL  APPELLANTANDSOUTH WEST HELICOPTERS PTY LIMITED  RESPONDENTParkes Shire Council v South West Helicopters Pty Limited[2019] HCA 148 May 2019S140/2018ORDER1. Appeal dismissed.2.The appellant pay the respondent's costs of and incidental to the appeal. On appeal from the Supreme Court of New South WalesRepresentationN J Williams SC with P K Williams for the appellant (instructed by Moray & Agnew)J T Gleeson SC with T J Brennan for the respondent (instructed by Norton White)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSParkes Shire Council v South West Helicopters Pty LimitedAviation – Carriage of passengers by air – Accident – Carrier's liability – Where respondent engaged by appellant to carry out survey using helicopter – Where passenger aboard helicopter killed in crash – Where Pt IV of Civil Aviation (Carriers' Liability) Act 1959 (Cth) applied – Where s 28 provided that carrier liable for damage sustained by reason of death of passenger – Where s 35(2) substituted liability under s 28 for any civil liability of carrier under any other law in respect of death of passenger – Where s 34 imposes time limit on availability of right of action created by s 28 – Where widow, daughter and son of passenger brought claims in tort against appellant and respondent for damages for negligently inflicted psychiatric harm resulting from death of passenger – Where claims brought outside time limit prescribed...