Scope of Damage By Aircraft Act Considered

The Australian High Court was recently given an opportunity to consider the reach of the Damage by Aircraft Act 1999 (Cth) in the cases of ACQ Pty Limited v Cook and Aircare Moree Pty Limited v Cook (both of which were heard together). The decision confirmed a widening of the scope of liability for airlines and operators for consequential damage from the impact of an aircraft or part of an aircraft in flight.

Background

Early on 28 December 2000 a crop dusting aircraft owned by ACQ Pty Limited and operated by Aircare Moree Pty Limited hit a power line whilst spraying a cotton field.

As a result of the impact the power line, a 22kV conductor, dropped to a height of about 1.5 metres from the ground.