Ingrid Margaret Stephenson v Parkes Shire Council; Natalee Stephenson v Parkes Shire Council; Jay Stephenson v Parkes Shire Council; South West Helicopters Pty Limited v Essential Energy (formerly Country Energy); Parkes Shire Council v South West Helicopters Pty Limited (No 2) [2015] NSWSC 719 — Damages & Apportionment — Barrister AI
Ingrid Margaret Stephenson v Parkes Shire Council; Natalee Stephenson v Parkes Shire Council; Jay Stephenson v Parkes Shire Council; South West Helicopters Pty Limited v Essential Energy (formerly Country Energy); Parkes Shire Council v South West Helicopters Pty Limited (No 2)
› claims for nervous shock and associated claim under the Compensation to Relatives Act by members of the family of a deceased killed in a helicopter accident
Damages
› where damages sought by the owner and bailee of damaged helicopter
› whether claim an apportionable claim under the Civil Liability Act 2002 (NSW)
Damages
› apportionment
› where three parties found to have breached their duty of care
› where breaches found to be causative of the accident
› necessity to compare culpability and causal potency in order to apportion responsibility
Damages
› action by employer against another tortfeasor for recovery of compensation payments made in favour of deceased worker
› where employer was found to have breached its duty of care to deceased worker
› whether that finding against the employer denied it the benefit of statutory indemnity in respect of payments made in favour of the deceased worker
Case Details
Citation[2015] NSWSC 719
CourtNSWSC
JurisdictionNew South Wales
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