Qantas seeks $5M in damages from airport contractor

A $5M aircraft damage bill has triggered a lawsuit against a Brisbane Airport contractor currently building a new runway.

Storm damage to a Jetstar aircraft at Brisbane Airport after freak winds caused havoc on November 13, 2016. Picture: Facebook

Qantas and Jetstar are suing the company constructing Brisbane Airport’s second runway for more than $5m after a wayward water tank smashed into two of their aircraft.

A QantasLink Boeing 717-200 and a Jetstar A320 parked at the terminal both suffered substantial damage from the large poly plastic tank, which became airborne during a severe thunderstorm on November 13, 2016.

In documents filed in the Brisbane Supreme Court, BMD Constructions is accused of failing to tether, secure, weigh down or anchor the tank, located in a construction storage area of the airport.

The documents said the Bureau of Meteorology issued multiple warnings in relation to approaching severe thunderstorms.

It said BMD Constructions “knew or should have known of the warnings”.

“As a consequence of the storm, the tank was blown from the location at which it had been placed by the defendant and became mobile,” the documents state.

“A reasonably prudent airport infrastructure contractor with BMD Constructions’ experience would have secured the tank against high winds and/or storm activity.”

The collision with the two aircraft caused “significant structural fuselage damage” which put the aeroplanes out of service for between 5 and 153 days (five months).

In the case of the Boeing 717, the damages bill was calculated to be $4.28m including labour costs, materials, hangar charges and airfares for a specialist Boeing repair team.

The A320 was not as badly damaged but repairs still totalled more than $65,000. In addition to the cost of the repair bills, Qantas also sought compensation for being unable to operate the aircraft, plus the cost of test flights, fuel and storage.

BMD Constructions intended to defend the claim on the grounds the company could not have foreseen that the airport would be subjected to 157km/h winds.

“No warnings were issued with respect to the likelihood of winds which might fall within the parameters of a category 2 cyclone event, involving maximum wind gusts of between 125km/h and 164km/h,” the intention to defend document states.

“The unusual nature of the weather event is attested to by the fact that the gusts experienced at the aerodrome on November 13, 2016, were only one of three category 2 or higher cyclonic wind gust events recorded at the aerodrome in the 64-years prior.”

The defence also said the 3.7m high tank was secured behind a 2.4m chain link fence and weighed down by 5cm of water, in accordance with the manufacturer’s specifications.

To support its defence, BMD Constructions sought a variety of material from Brisbane Airport Corporation, including CCTV of the storm and the tank’s movements on the day in question, and written communication in respect of storm preparations.

At the time of the storm, BMD Constructions was undertaking a trunk infrastructure and bay expansion project for the airport.

In 2017, the company was named as the joint venture ­partner with CPB Contractors to deliver the new 3.3km runway including 12km of taxiways.