Insurer held to account by Federal Court in civil case over fatal NT helicopter crash
The widow of a man killed in a helicopter crocodile egg collection mishap can pursue both the aircraft's insurer and controversial TV star Matt Wright in her civil case.
The Federal Court has ruled that the widow of a man killed while slung under a helicopter for the purpose of collecting crocodile eggs, can target the insurer of the aircraft and its owner Matt Wright.
Insurance company HDI Global Specialty unsuccessfully applied for summary dismissal from a counter claim brought by Mr Wright, who is among those being sued by Danielle Wilson.
Ms Wilson is also seeking damages from the Civil Aviation Safety Authority for approving the “human slinging” operation which led to the death of Chris Wilson in the Northern Territory in February 2022.
In a hearing before Justice Elizabeth Raper on Thursday, barrister Tom Brennan SC for HDI argued Mr Wright was not insured under the policy in question because he was not named in the relevant section.
However Ms Wilson’s barrister David Lloyd, SC, told the court the entirety of the policy had not been made available to Justice Raper.
“What we have is an insurer seeking summary disposal of the claim without having put before Your Honour the relevant evidence that might actually bear on the question,” Mr Lloyd said.
“The insurer has elected not to put before Your Honour, the entirety of the contract.”
Justice Raper took up those concerns, ruling that “it was not appropriate in the circumstances for the court to interpret the insurance policy without the benefit of evidence”.
“Further the court notes that in determining whether a person is a party to an insurance contract doesn’t always arise purely from an interpretation of the express wording but rather where account may be taken of the surrounding circumstances in order to determine that question,” Justice Raper said.
She ordered HDI pay the costs of both Mr Wright and Ms Wilson for the interlocutory application hearing and ordered a further hearing on Friday to November 7 to try to move the complex case forward.
To that end, Mr Lloyd shared with the court the various experts Ms Wilson planned to call when the matter went to trial in September.
They included helicopter operations expert Lachie Onslow and Professor Andrew McIntosh – “an expert in biomechanical movement including in respect to failures and what difference it would have had had precautions been taken”.
Mr Lloyd said they would also hear from Mike Watson whose expertise was in the “proper and reasonable conduct of a regulator in the position of CASA”.
The matter comes ahead of a December sentencing hearing for Mr Wright in the Northern Territory Supreme Court, after he was found guilty on two counts of perverting the course of justice after the fatal crash.
The court found Mr Wright lied to police about how much fuel he thought the crashed chopper had left, and also tried to convince the injured pilot to falsify documents.
Mr Wright has filed an appeal against the findings arguing the verdict on both counts was unreasonable or unsupported by evidence.
No date has yet been set to hear the appeal.
Originally published as Insurer held to account by Federal Court in civil case over fatal NT helicopter crash
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