In brief - Court of Appeal errs in overturning primary
judge's findings of fact
The High Court of Australia's recent decision in Robinson
Helicopter Company Incorporated v McDermott [2016] HCA 22
overturned the Court of Appeal's findings and upheld those of
the primary judge. Rather than technical legal questions, this case
focused on findings of fact and causation concerning a helicopter
crash. The High Court found that the primary judge did not err in
finding that the maintenance manual provided adequate instruction
to detect a defect and that the manufacturer should therefore not
be held liable.
Licenced aircraft maintenance engineer most likely neglected to
secure bolts
In 2004, Mr McDermott was flying as a passenger in a Robinson
helicopter when there was a large bang and massive vibration
throughout the helicopter before it hit the ground, killing the
pilot and seriously injuring Mr McDermott. For further analysis of
the primary case, see Andrew Tulloch's
