Who Is A "Passenger"?

The New South Wales Court of Appeal (NSWCA) recently considered whether the Civil Aviation (Carriers' Liability) Act 1967 (NSW) (the CACLA) applied to a person injured on a helicopter, other than the pilot, while conducting an aerial inspection of power lines.¹

The main issue for consideration related to the correct interpretation of the term "passenger" in Section 4 of the CACLA. The decision is noteworthy as it provides clear guidance on the application of the strict liability regime imposed by the CACLA.

Background

On 4 April 2006, a helicopter's tail rotor came into contact with a wire strung across a gully by Telstra Corporation Ltd (Telstra). The pilot, David Carter (Mr Carter), was able to land the helicopter. However, because of damage to the rotor, the helicopter tipped over (the Event).