ADMINISTRATIVE LAW - Appeal from judicial review - Applicant sought review of decision of County Court on appeal from Magistrates' Court - Applicant convicted of breach of s 11(1) of Legal Profession Uniform Law by representing he was entitled to engage in legal practice when he was not a 'qualified entity' - Judicial review application dismissed - Whether judge erred in concluding s 11(1) created a strict liability offence - Whether judge erred by failing to find that County Court judge unreasonably concluded particulars of charge had been proved beyond reasonable doubt - Whether County Court judge erred by failing to grant relief in respect of County Court judge's failure to consider applicant's submission that he was a 'qualified entity' - Leave to appeal refused.
Legal Profession Uniform Law Application Act 2014, sch 1 ss 3, 6, 9, 10, 11 and 12.
He Kaw Teh v The Queen (1985) 157 CLR 523; Proudman v Dayman (1941) 67 CLR 536, applied; Law Society of New South Wales v Spring [2007] NSWSC 1273; Liberato v The Queen (1985) 159 CLR 507; R v Murray (1987) 11 NSWLR 12, considered; Batten v Legal Services Board (County Court of Victoria, Judge Parrish, 29 October 2013); R v Lane [2018] 1 WLR 3647; Pwr v DPP [2022] 1 WLR 789, distinguished.
APPEAL - Application for leave to appeal - Decision of trial judge to approve settlement of proceeding pursuant to s 104U of the Corrections Act 1986 - Applicant brought proceeding against respondent claiming damages for personal injury - Parties entered into deed of settlement following mediation - Applicant claimed deed not accurate recording of terms of settlement - Applicant unrepresented litigant - Judge approved settlement of proceeding - Judge found applicant received legal advice before executing deed - Whether finding unreasonable - Where judge presided over and gave ruling in earlier proceeding - Whether judge ought to have recused himself - Whether judge affected by actual or apprehended bias - No reasonable prospects of success - Application for leave to appeal refused.
Supreme Court Act 1986, ss 14A, 14C; Corrections Act 1986, s 104U, referred to.
R v Australian Stevedore Industry Board; ex parte Melbourne Stevedoring Co Pty Ltd (1953) 88 CLR 100; Minister for Immigration and Multicultural Affairs v Jia Legeng (2001) 205 CLR 507; Drumgold v Board of Inquiry & Ors (No 3) [2024] ACTSC 58, considered.
Fyfe v State of South Australia [2000] SASC 84; Warren v Coombes (1979) 142 CLR 531; Lee v Lee (2019) 266 CLR 129, referred to.
APPEAL - Appeal from decision of an Associate Judge - Appeal pursuant to rule 77.06 of the Supreme Court (General Civil Procedure) Rules 2015 (Vic) conducted by way of rehearing - Whether legal, factual or discretionary error on the part of the Associate Judge - Decision regarding preliminary discovery is one of an interlocutory nature to be determined in the exercise of discretion - No exceptional circumstances shown to permit fresh evidence - No error by the Associate Judge demonstrated - Appeal dismissed.
PRACTICE AND PROCEDURE - Preliminary discovery pursuant to rule 32.05 of the Supreme Court (General Civil Procedure) Rules 2015 (Vic) - Consideration of the purpose of rule 32.05 of the Supreme Court (General Civil Procedure) Rules 2015 (Vic) - Documents sought were documents evidencing confirmation of indemnity or denial of indemnity under one or more professional indemnity insurance policies and "recovery style documents" concerning whether insurance funds would be available in the event any claim made were successful - In refusing to order preliminary discovery of such documents, the Associate Judge correctly exercised his discretion.
CIVIL PROCEDURE - Discovery - Disclosure - Non-compliance with Court orders - Breach of overarching obligations - Failure to make discovery or explain failure - Civil Procedure Act 2010 (Vic) s 56(2)(j) - Supreme Court (General Civil Procedure Rules) 2015 (Vic) r 24.02(1)(a) and (b) and r 29.12.1(3)(a) and (b) - Ting Ting Jia v Lee [2018] VSC 164 (Derham AsJ) - Ren v Sinicorp Pty Ltd [2021] VSC 728 (Matthews AsJ).
BUILDING - Protection work notice - Partial completion of prescribed form - Jurisdiction of Building Appeals Board - Natural justice - Utility of relief - Building Act 1993 (Vic) ss 4, 84(1) and (2), 85(1)-(3), 86, 87, 88, 141, 148, 149, 155; Building Regulations 2018 (Vic), r 113, sch 3 Forms 6-8; Interpretation of Legislation Act 1984 (Vic), s 53; Citta Hobart Pty Ltd v Cawthorn (2022) 276 CLR 316, followed; Project Blue Sky Inc v Australian Broadcasting Authority (1988) 194 CLR 355, applied; Najarian v Minister for Immigration and Multicultural Affairs (2000) 175 ALR 695, followed.
GROUP PROCEEDINGS - Application for a group costs order - Whether proper basis to make group costs order - Group costs order should be made - Whether group costs order percentage should be 33 per cent - Principles to be applied - Percentage should be 27.5 per cent - Application granted - Supreme Court Act 1986 (Vic) s 33ZDA.
COSTS - Indemnity costs - Calderbank offer - Lahanis (2021) 63 VR 197 - Ritter v Godfrey [1920] 2 KB 47 - Verna Trading v New India Assurance Co [1991] 1 VR 129 - Loizou v Derrimut Enterprises Pty Ltd (No 2) [2004] VSC 548 - Youssef v Victoria University of Technology (No 2) [2005] VSC 385.
COSTS - Court has broad discretion - Pragmatic approach where parties enjoyed mixed success at trial - Plaintiffs exaggerate success - Calderbank offer - Refusal not unreasonable - Plaintiffs to pay defendants' costs on a standard basis - BHP Billiton Olympic Dam Corporation Pty Ltd v Steuler Industriewerke GmbH (No 3) [2012] VSC 414; Chen v Chan [2009] VSCA 233.
COSTS - Successful plaintiff - Costs follow the event - Indemnity costs awarded - Ugly Tribe Co Pty Ltd v Sikola [2001] VSC 189, applied - Whether gross sum or taxed costs - Supreme Court (General Civil Procedure) Rules 2015 r 63.07(2)(c); Civil Procedure Act 2010 s 65C(2)(c) - Statutory interest awarded - Supreme Court Act 1986 s 58.
TAXES AND DUTIES - Stamp duty - Landholder provisions - Recovery of duty paid by landholder as a debt - Amount to be recovered following payment - Anti-avoidance provisions - Duties Act 2000, s 71, 77, 78, 79, 80, 85(1), 85(2) - Oliver Hume Property Funds (Broad Gully Rd) Diamond Creek Pty Ltd v Commissioner of State Revenue [2024] VSCA 175.
ESTOPPEL - Anshun estoppel - Prior proceeding unsuccessful application to void issue of shares ab initio and breach of directors' duties - Subsequent proceeding for recovery of duty paid for the issue of shares - Whether unreasonable not to include claim in earlier proceeding - Not unreasonable - No risk of inconsistent judgments - Justifiable to refrain from litigating issue in one proceeding - Anshun estoppel not established - Port of Melbourne Authority v Anshun Pty Ltd [1981] HCA 45 - Gibbs v Kinna [1999] 2 VR 19 - Clayton v Bant (2020) (2020) 272 CLR 1 - Solak v Registrar of Titles (2011) 33 VR 40 - Champerslife Pty Ltd v Manojlovski (2010) 75 NSWLR 245 - Stokes v Toyne [2023] NSWCA 59.
LIMITATION OF ACTIONS - Whether claim barred under s 5(1)(d) Limitation of Actions Act 1958 - When cause of action accrued - Every material fact necessary for plaintiff to prove case known - Claim not barred under s 5(1)(d) - Cigna Insurance Asia Pacific Ltd v Packer (2000) 23 WAR 159.
CONTRIBUTION - Equitable or common law contribution - Scope and availability - Co-ordinate liability - Common burden - Remedy available - Albion Insurance Co Ltd v Government Insurance Office (NSW) (1969) 121 CLR 342 - Mahoney v McManus (1981) 180 CLR 370 - Burke v LFOT Pty Ltd [2002] 209 CLR 282.
CORPORATIONS - Application for appointment of receiver pursuant to s 37(1) of the Supreme Court Act 1986 and r 39.02 or r 54.02 of the Supreme Court (General Civil Procedure) Rules 2015, alternatively for the appointment of a replacement trustee pursuant to s 48 of the Trustee Act 1958 (Vic) - Ongoing deadlock within corporate trustee constraining the ability of corporate trustee to make decisions - Where ongoing deadlock and resultant failure to release trust funds is causing loss to beneficiaries of the trust - Where just and convenient that a receiver be appointed to distribute the trust funds and for the trust then to be wound up.
PRACTICE AND PROCEDURE - Group proceedings - Common questions - Nathan v Macquarie Leasing Pty Ltd [2024] VSC 625, applied.
INSTITUTIONAL LIABILITY - Personal injury - Abuse of student at boarding school in mid-1970s - Allegations of physical and sexual abuse by other students - Student abuse established - No negligence and no breach of non-delegable duty in respect of student abuse - Allegations of abuse by two brothers of the Catholic order at the school - One brother gave evidence and denied the abuse - Tendency evidence - Gravity of allegation - No actual persuasion that abuse occurred - Other brother was unavailable to give evidence and had been previously convicted of offences admitted as tendency evidence - Alleged abuse established - Identification of the risk of harm - No prior knowledge of abuse established - No evidence as to general awareness of risk of sexual abuse at relevant time - No vicarious liability as brother was not employee of defendant - No breach of non-delegable duty in respect of brother abuse - Section 61 Wrongs Act did not apply - Proceeding dismissed.
COSTS - Calderbank offer - Whether Plaintiff's rejection of First Defendant's Calderbank offer unreasonable - First Defendant offered to settle proceedings for less than half of the amount claimed and to bear own costs - Prior to receipt of Calderbank offer Plaintiff had received outlines of evidence of witnesses who corroborated key elements of First Defendant's evidence - Evidence of witnesses not meaningfully challenged in cross-examination - Plaintiff's prospects of successfully defending counterclaim not good when Calderbank offer received - Rejection of Calderbank offer unreasonable.
COSTS - Trustee's right of indemnity from trust property - Failure to execute trust with reasonable diligence and care - Expenses improperly incurred - Loss of trustee's right of indemnity - Di Benedetto v Kilton Grange Pty Ltd (2017) 16 ASTLR 463 - Hopkins v Edwards [2020] VSC 456.
COSTS - Where plaintiff successful in claim - Where defendant successful in counterclaim - Claim and counterclaim separate events - Costs to follow events - No special costs order - Chell Engineering Ltd v Unit Tool and Engineering Co Ltd [1950] 1 All ER 378 - Yunghanns v Colquhoun- Denvers [2021] VSCA 15.
COSTS - Where plaintiff seeks indemnity costs from expiry of Calderbank offers - Calderbank offers not unreasonably refused - Terms uncertain and unclear - Defendant achieved more favourable result at trial - Costs awarded on standard basis - Booker Industries Pty Ltd v Wilson Parking (Qld) Pty Ltd (1982) 149 CLR 600 - M T Associates Pty Ltd v Aqua- Max Pty Ltd & Anor (No 3) [2000] VSC 163 - Hazeldene's Chicken Farm Pty Ltd v Victorian Workcover Authority (No 2) (2005) 13 VR 435 - United Petroleum Australia Pty Ltd v Herbert Smith Freehills (No 2) [2018] VSC 501.
APPEAL - Orders of Magistrates' Court - Adverse possession - Erection of fence - Where adverse possessor established factual possession for 15 continuous years - Whether intention to possess - Whether abandonment of possession - Whether acknowledgement of title holder's title - Limitation of Actions Act 1958 ss 8, 9, 14, 18, 24.
WILLS - Executor's commission - Section 65 of the Administration and Probate Act 1958 (Vic) - Whether requirements of s 65D complied with - Application refused.
FIREARMS REGULATION - Family violence - Police - Application to be declared not to be a 'prohibited person' - Applicant subject to a final apprehended domestic violence order - Whether good reason for applicant to have access to firearms - Whether real risk of danger to life of protected person if application granted - Firearms Act 1996 (Vic), ss 3(1), 47(1), 189 - Family Violence Act 2004 (Tas) - Application granted.
TORTS - Nuisance - Low frequency noise from mining operations allegedly causing substantial and unreasonable interference with plaintiffs' use and enjoyment of residential property - Plaintiffs alleging physical and psychological harm, including sleep disturbance, headaches, nausea, and depression - Dispute between experts about whether an assessment of subjective impacts and noise characteristics required - Whether defendant's expert evidence conclusively supports a finding that plaintiffs' claims have no real prospects of success - Case permitted to proceed to trial.
CIVIL PROCEDURE - Summary judgment - Application under s 62 of the Civil Procedure Act 2010 (Vic) - Defendant contended plaintiffs' claims had 'no real prospect of success' - Court emphasised caution in dismissing claims involving complex factual and technical disputes - Expert disagreement on noise assessment methodologies warrants a trial - Plaintiffs raised sufficient triable issues on causation and nuisance - Trial required to resolve disputes between experts regarding relevance of characteristics of noise - Further investigation needed to determine source of noise - Methodological disputes unsuitable for summary resolution - Campaspe Investments Pty Ltd v PBP Accounting Solutions Pty Ltd [2015] VSC 26, distinguished - Three Rivers District Council v Bank of England (No 3) [2003] 2 AC 1 and Uren v Bald Hill Wind Farm Pty Ltd [2022] VSC 145, considered - Summary judgment refused - Spencer v Commonwealth (2010) 241 CLR 118, Lysaght Building Solutions Pty Ltd v Blanalko Pty Ltd (2013) 42 VR 27, and Yin v Wu (2023) 73 VR 21, referred to.
ADMINISTRATIVE LAW - Appeal from VCAT - Summary dismissal of proceeding at VCAT - Expired planning permit - Request to extend time to enable completion of development commenced under a planning permit - Request to Council for permit extension made within time - No record of application received by Council - Application to Tribunal for review of deemed decision - Whether review trigger was s 81(1)(a) and s 81(1)(b) - Planning and Environment Act 1987 (Vic) ('Planning Act'), ss 69, 81(1)(a)-(b) - Planning and Environment Regulations 2015 (Vic) ('P&E Regulations'), reg 34 - Victorian Civil and Administrative Tribunal Act 1998 (Vic) ('VCAT Act'), ss 4, 75, 126, Clause 62 Schedule 1 - Harvey v Mutsaers [2011] VSC 23, referred to - Leave to appeal on limited grounds - Appeal allowed.
GROUNDS OF APPEAL - Adequacy of reasons - Reasons demonstrated course of reasoning - Context of decision and reasons given - Leave not granted.
STATUTORY INTERPRETATION - Calculation of time - Expiry date falling on a Sunday - P&E Regulations, reg 34 - Interpretation of Legislation Act 1984 (Vic), s 44(2).
STATUTORY INTERPRETATION - Planning Act, s 81 - Whether s 81(1)(a) and s 81(1)(b) have a mutually exclusive operation - Not mutually exclusive triggers.
ADMINISTRATIVE LAW - Judicial Review - Medical Panel - Assessment of Impairment -- Procedural fairness - Outcome of grip strength testing during examination of plaintiff by Panel - Responses to testing regarded by Panel as unreliable - Assessment in accordance with AMA Guides - Panel did not provide opportunity to respond to conclusions from testing - Whether Panel failed to afford procedural fairness.
ADMINISTRATIVE LAW - Judicial review and appeals - Application for leave to appeal against VCAT order striking out pleadings - Where applicant alleges apprehended bias - Where applicant alleges legal error in the Tribunal's interpretation of ss 103 and 105 Equal Opportunity Act 2010 (Vic) - Where applicant alleges legal error in the strike out order - Victorian Civil and Administrative Tribunal Act 1998 (Vic) s 75 - AJH Lawyers Pty Ltd v Careri (2011) 34 VR 236 - Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 - Johnson v Johnson (2000) 201 CLR 488.
PRACTICE AND PROCEDURE - Common questions for determination at trial - Whether questions about the legality of individual police officers' use of force are capable of common answer for the purpose of group member's individual claims - Whether Court should be confined at the initial trial to determining questions in respect of the plaintiff's personal claims in assault, battery and under the Charter of Human Rights and Responsibilities Act 2006 (Vic) - Kamasaee v Commonwealth of Australia & Ors (No 10) (Issues for trial ruling) [2017] VSC 272.
PRACTICE AND PROCEDURE - Application for extension of time to file notice of appeal pursuant to s 148 of the Victorian Civil and Administrative Tribunal Act 1998 (Vic) - Delay of one day - User error on RedCrest e-filing system - Self-represented litigants - Adequate explanation - Time period required for extension trifling - No prejudice - Extension granted - Victorian Civil and Administrative Tribunal Act 1998 (Vic) ss 148(2), (5).
PRACTICE AND PROCEDURE - Application by non-solicitor for leave to represent company - Supreme Court (General Civil Procedure) Rules 2015 r 1.17 - Repeated advice to non-solicitor of requirements to make formal application - Late filing of notice of appearance - No proper participation in proceeding until trial - Attempted late filing of affidavit attaching extensive pseudo-legal material - Oral application at trial - Application based on pseudo-legal arguments - Challenge to jurisdiction of the Supreme Court of Victoria - Not in the interest of justice to grant leave - Leave to appear refused - Worldwide Enterprises Pty Ltd v Silberman & Anor [2009] VSC 165; Lettieri v Strangio [2008] VSCA 205, applied - Nelson v Greenman & Anor [2024] VSC 704, considered.
PRACTICE AND PROCEDURE - Costs - Self-represented litigants - Self-represented litigants entitled to costs orders and to recover disbursements - Cachia v Hanes (1994) 179 CLR 403, Bell Lawyers Pty Ltd v Pentelow (2019) 269 CLR 333; Hoe v Lennox [2020] VSC 262, McKechnie v Ma'a (in his capacity as the Governor of Port Phillip Prison) [2024] VSC 768, Ganesh v National Australia Bank Ltd [2021] VSCA 45, considered.
ADMINISTRATIVE LAW - Appeal from the Victorian Civil and Administrative Tribunal - Victorian Civil and Administrative Tribunal Act 1998 (Vic) s 148 - Domestic building contract - Whether question of law with real prospect of success identified - Leave to appeal granted on one question of law only - Omission by Tribunal to consider defect claimed by owners in decision and orders - Appeal allowed on one question of law only - Consequent orders.
PRACTICE AND PROCEDURE - Evidence - Advance ruling - Respondents convicted of slavery offences and interests in house forfeited under confiscations legislation - Where Commissioner applying for pecuniary penalty orders against respondents, and first respondent applying for compensation order in respect of interest in house - Whether sentencing reasons and appeal reasons in prior criminal proceedings admissible - Meaning of 'transcript' in Proceeds of Crime Act 2002 (Cth) s 138(2)(a) - Whether sentencing reasons and appeal reasons are included in 'transcript of proceeding' - Whether Evidence Act 2008 (Vic) s 192A proper vehicle for this issue - Whether orders should be made under s 190(3) of the Evidence Act 2008 (Vic) to permit admission of sentencing remarks and appeal reasons - Degree to which matters are 'not genuinely in dispute' - Whether expense or delay caused if reasons inadmissible would be 'unnecessary' - DPP (Cth) v Kannan & Anor [2021] VSC 439, Kannan & Anor v R [2023] VSCA 58 - Gonzales v Claridades (2003) 58 NSWLR 188, Hollington v F Hewthorn and Co Ltd [1943] KB 587 - Commissioner of the Australian Federal Police v Courtenay Investments (No 2) (2014) 283 FLR 59 - Evidence Act 2008 (Vic) ss 55, 59, 76, 91, 92, 190, 192A - Proceeds of Crime Act 2002 (Cth) ss 138, 158, 315, 317, 318.
PRACTICE AND PROCEDURE - Appeal to the Trial Division of the Supreme Court of Victoria from the Victorian Civil and Administrative Tribunal - Must demonstrate a real prospect of success - Lysaght Building Solutions Pty Ltd v Blanalko Pty Ltd (2013) 42 VR 27 - Not a fact finding exercise on appeal - Spurling v Development Underwriting (Vic) Pty Ltd [1973] VR 1 - Boucher v Dandenong Ranges Steiner School Inc (2005) 145 LGERA 21 - Whitehorse City Council v Golden Ridge Investments Pty Ltd (2005) 13 VR 275 - Hoskin v Greater Bendigo City Council (2015) 48 VR 715 - Court to avoid overly pernickety examination of reasons - Roncevich v Repatriation Commission (2005) 222 CLR 115 - Role of VCAT as a specialist tribunal not to be usurped by the Court and a decision of such a tribunal is not to be interfered with absent a vitiating error of law - Rysze International Pty Ltd v Yong [2021] VSC 786 - Club Fogolar Furlan Melbourne v Paramount Investments Group Pty Ltd [2024] VSC 208 - Victorian Civil and Administrative Tribunal Act 1998, ss 148(1), 148(2A).
LEASES AND TENANCIES - Retail leases - Rent review - Whether maximum cap on rent review contravenes s 35(2) of the Retail Leases Act 2003 - Legislative approaches - Remedial or ameliorating legislation - Ratchet clauses - Balance of rights and interests for landlords and tenants - Interpretation of Legislation Act 1984, s 35 - Krajcar v Eastern Central Real Estate Pty Ltd [2022] VSC 173 - Q St Kilda Tenancy Pty Ltd v Kane [2023] VCAT 75 - Roberts Family Enterprises Pty Ltd v Bekirofski [2023] VCAT 121 - Cote Noire Pty Ltd v Roberts Family Enterprises Pty Ltd [2024] VCAT 810 - Ross- Hunt Pty Ltd v Cianjan Pty Ltd [2009] VCAT 829.
CRIMINAL LAW - Bail application - Applicant charged with home invasion, aggravated burglary person present, burglary, theft of motor vehicle, obtaining property by deception, theft, retaining stolen goods - Whether exceptional circumstances established - Whether unacceptable risk of endangering the safety and welfare of others - Applicant 14 years of age - Applicant diagnosed with Attention Deficit Hyperactivity Disorder and Generalised Anxiety Disorder - Difficult circumstances in custody - Bail Act 1977 (Vic) ss 1B, 3AAA, 3B, 4A, 4AA, 4D, 4E.
PUBLIC LAW - Application by offender to review conditions of a supervision order - Leave refused - DPP v DW [2023] VSC 24; DW v Secretary to the Department of Justice and Community Safety [2024] VSC 137; Serious Offenders Act 2018 ss 15, 27, 31, 36, 110.
CRIMINAL LAW - Application to suspend registrable offender's lifelong reporting obligations - Offender convicted in 2006 - 6 charges of sexual penetration of a child under the age of 16 - Victim a foster child in offender's care - No prior convictions - Minor failure to report but otherwise no other subsequent convictions or breaches of reporting obligations - Offender a low risk of future sexual offending - Whether in the public interest to suspend ongoing reporting obligations - Application granted - Sex Offenders Registration Act 2004 (Vic), ss 1, 11, 12, 14, 16, 17, 18, 19, 20, 21, 21A, 22, 23, 23A, 24, 34, 39, 40, 41, 62 - Crimes Act 1958 (Vic), s 45(1) - Charter of Human Rights and Responsibilities Act 2006 (Vic), ss 10, 12, 13, 17.
CRIMINAL LAW - Sentence - Co-accused - Charges of manslaughter on a complicity basis - Deceased stabbed five times - Co-accused did not stab deceased - Witness admitted in the course of trial to having stabbed deceased - Jury returned guilty verdict - Visa status complications for co-accused - Verdins enlivened - General deterrence - Denunciation - Just Punishment - Specific Deterrence - Rehabilitation - Lower to mid-range seriousness for manslaughter.
CRIMINAL LAW - Application pursuant to s 39(2) of the Sex Offenders Registration Act 2004 (Vic) to suspend registrable offender's lifelong reporting obligations - Sexual penetration of a child between 10 and 16 years - Victim supports application - Possess child pornography - No further offending - Applicant now in stable marriage, with children and stable employment - Low risk of sexual offending - Respondent did not oppose application - Application granted - Final suppression order on applicant's identifying information - Sex Offenders Registration Act 2004 (Vic), ss 39, 40 - Open Courts Act 2013 (Vic), ss 17, 18, 20 - Re GH [2024] VSC 217 (Croucher J).
CRIMINAL LAW - Sentencing - Murder - Standard sentence offence - Family violence - Offending witnessed by deceased's eight-year-old daughter - Diagnoses of Complex PTSD and Schizotypal Disorder - Intoxication at time of offending - Plea of guilty at earliest possible opportunity - Evidence of remorse - R v Verdins (2007) 16 VR 269 - Bugmy v The Queen (2013) 249 CLR 571.
TORTS - Negligence - Aviation - Aircraft collision - Control of aircraft - Handover and takeover procedures - Duty of care - Breach - Causation - Psychiatric and physical injuries - Voluntary assumption of risk - Materialisation of inherent risk - Obvious risk - Contributory negligence - Double compensation - Damages.