CASA denies liability in Outback Wrangler case, applies for summary dismissal
The Civil Aviation Safety Authority will apply to dismiss a case brought by the widow of a man killed using a ‘human sling’ approved by the regulator.
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The Civil Aviation Safety Authority says its approval of a “human sling” under a helicopter for the purpose of collecting crocodile eggs does not make it liable for the death of Outback Wrangler co-star Chris Wilson.
Mr Wilson’s widow Danielle is suing the regulator, helicopter company Helibrook and owner Matt Wright over her husband’s death in the February 2022 crash at King River in the Northern Territory.
Mr Wright has launched a cross-claim against Helibrook’s insurers, arguing they failed to honour a policy to provide cover for legal matters.
The original case filed in the Federal Court in 2023, has been held up by failed attempts at mediation, cross claims and stay applications and now faces another hurdle.
Representing CASA, barrister Peter Ward told the court on Tuesday the regulator could not be held responsible for the crash which was attributed to fuel exhaustion, engine fade, a collision with trees and pilot error.
“The only way CASA could be said on this pleading to have caused or contributed to the death of Mr Wilson was by approving the operations that involved him being slung underneath the helicopter,” said Mr Ward.
He went on to highlight Ms Wilson’s claim then acknowledged if Helibrook had complied with CASA’s approvals for human slinging, the crash would not have happened.
“If a party knows one set of facts to be true, it is embarrassing and legally impermissible for them to plead in the alternative a case that is based on different facts,” Mr Ward said.
“Nothing they allege that was the approximate cause of the accident can be attributed to CASA. The only thing that can be attributed to CASA is imposing certain conditions on the approval of slinging operations and yet they propound exactly those conditions as being sufficient to have avoided the accident.”
Justice Elizabeth Raper said she would hear CASA’s application for summary dismissal or striking out of the case, on May 14.
Mr Ward said there were “other issues” with the case that would be raised at the hearing.
In the event CASA succeeded, it was expected Ms Wilson’s case against Helibrook and Mr Wright would continue, as would the cross-claim.
Ms Wilson argued that Helibrook and Mr Wright were negligent in their operation of the Robinson R44 helicopter on the day of the crash, which claimed her husband’s life and left pilot Sebastian Robinson a paraplegic.
Mr Wright is also facing a criminal charge of attempting to pervert the course of justice, which will be heard in the Northern Territory Supreme Court in July.
He has pleaded not guilty to the charge, which relates to his alleged behaviour in the aftermath of the fatal crash.
NT WorkSafe is also pursuing Mr Wright over alleged breaches of the Work Safety Act, with Mr Wright fighting to keep the matter in Darwin Local Court.
Since the helicopter crash, Helibrook’s Air Operators Certificate (AOC) has been cancelled by CASA, and Mr Wright’s commercial pilot’s licence withdrawn.
He recently put his family home just outside Darwin on the market and filed the cross-claim against HDI Global Speciality and Unity Insurance Brokers.
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Originally published as CASA denies liability in Outback Wrangler case, applies for summary dismissal
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