Photographer Timothy Jones’ children continue fight after Sydney to Hobart yacht race death

The children of a well-known Hobart photographer who died during the Sydney to Hobart Yacht Race almost a decade ago have won another challenge in their compensation battle.

The plane being recovered after the December 2014 deaths of photographer Tim Jones and pilot Sam Langford. Picture: Luke Bowden

The children of a well-known Hobart photographer who died during the Sydney to Hobart Yacht Race almost a decade ago have prevailed over another legal hurdle in their battle for compensation.

In December 2014, Timothy Peter Jones and 29-year-old pilot Sam Langford died when their Cessna 172 crashed into Storm Bay on the Tasman Peninsula.

Mr Jones, 61, had been photographing the famous race from the air when the tragedy occurred.

Two years later, his three adult children – Robert Caitlin, and William – filed proceedings against Airlines of Tasmania, arguing their father’s death was caused by a wrongful act or neglect, which caused them nervous shock, pain and suffering, and loss of future earnings.

The lengthy civil proceedings have been drawn out by an interlocutory argument over whether Tasmanian or Commonwealth legislation should be applied.

In December 2014, pilot Sam Longford and photographer Tim Jones died when the plane they were flying crashed into the sea near Cape Raoul on the Tasman Peninsula. A number of yachts in the Sydney to Hobart race diverted to offer assistance after seeing the plane go down.

In 2020, Supreme Court of Tasmania associate judge Stephen Holt ruled that Mr Jones’ children couldn’t claim at common law and under Tasmania’s Fatal Accidents Act for psychiatric injury.

He also ruled the question of whether they could claim under the Commonwealth legislation – and applied under Tasmanian law – needed to be answered by the court.

At the time, Mr Jones’ children amended their statement of claim, pleading an accident – as defined by Commonwealth legislation – caused their father’s death and led to their “nervous shock”.

Follow @ambervwilson

They said they suffered a loss of dependency, pain and suffering, inconvenience, loss of enjoyment of the amenities of life, and consequential loss and damage.

Last week, Justice Helen Wood – in a complex judgment discussing various international conventions dealing with air carriage and High Court precedents – ruled in favour of Mr Jones’ children, that they could indeed sue for damages over mental harm under Commonwealth law.

Hobart based photographer Tim Jones. Picture: File

In 2016, a report was released by the Australian Transport and Safety Bureau, finding the plane entered a spin after a steep climbing turn, for which the pilot had not been trained – with the aircraft stalling.

The aircraft then nosedived into the sea east of Cape Raoul on the Tasman Peninsula and sank 90m to the ocean floor.

Before the crash, the Cessna had just finished a photo run of yacht Mistral from a height of 15 metres, about 45 metres lower than the airline was allowed to fly.

However, this wasn’t deemed to be responsible for the crash.