St Clair v Timtalla Pty Ltd – [2011] QCA 188

St Clair hired a helicopter from Timtalla Pty Ltd (Timtalla).
The helicopter crashed. St Clair sued in negligence (vicariously) and claiming a non-delegable duty, claiming it was non-delegable because of the “hazardous or dangerous nature” of the work being undertaken.

Could Timtallae held vicariously liable?
Was the hazardous or dangerous nature of the helicopter work a non-delegable duty?

The court expressed its reluctance to expand categories of non delegable duty, stating “Some caution is required because the characterisation of a duty as non-delegable involves, in effect, the imposition of strict liability upon the defendant who owes that duty”.
The Court concluded in rejecting St Clair’s appeal, that these “judgments serves as a distinct warning against expanding the scope of non-delegable duty or strict liability”.
St Clair also failed to establish why Timtalla should be held responsible.