The Court of Appeal has upheld a High Court decision that awarded $1.5 million damages against the owner of the traffic spotter aircraft which collided with the Eagle police helicopter over Auckland in 1993.
Airwork (NZ) Ltd owned the Piper Archer spotter plane and also operated the Eagle under a management contract with Vertical Flight Management.
Vertical Flight sued Airwork in the High Court last year for the loss of its Eagle helicopter in the fatal November 26 crash over the Southern Motorway in central Auckland.
Airwork filed a counterclaim for $75,000 for its spotter plane, but the High Court found the company was responsible for ensuring both aircraft were kept at least 150m apart.
Also, the spotter plane did not have a traffic observer, leaving the pilot to perform that function as well as fly the aircraft.
Damages of $US829,250 - about $1.5 million based on the exchange rate on the day of the accident - were awarded in the High Court at Auckland last year, but Airwork NZ appealed against them.
Justice Salmon said in the Court of Appeal decision: "The fact is that in these circumstances the pilots were effectively beyond the control of Vertical and, by contrast, under the complete control of Airwork ...
"Whichever way the test is put, we have no doubt that it has been discharged in this case and that the judge's conclusions in this regard were correct."
He also ordered Airwork NZ to pay Vertical $7500 costs towards the case.
Four men died in the crash: the spotter plane pilot Allan Connors, Eagle pilot Ross Harvey and policemen Lou Grant and Alastair Sampson. - STAFF REPORTER, NZPA
Court upholds $1.5m fatal helicopter crash damages
AdvertisementAdvertise with NZME.