Compensation questions
Aircraft accidents lawyer tips millions will be paid out
As rescuers slogged through wet sand, debris and unthinkable human tragedy on a Gold Coast sandbank in the Broadwater a year ago, the furthest thing from their minds was money.
But – as investigators work out if the fatal Sea World Helicopters collision was avoidable – issues of liability, insurance and compensation will be unavoidable.
Four people were killed – pilot Ashley Jenkinson, plus his passengers Sydney woman Vanessa Tadros and British couple Ron and Diane Hughes – when two choppers collided mid-air just over 12 months ago .
Five more were injured, including Geelong woman Winnie de Silva and her nine-yearold son Leon, Ms Tadros’ 10year-old son Nicholas and pilot Michael James.
Dozens more were exposed to horrific scenes they are unlikely to forget whilst hundreds enjoying a typical Gold Coast summer day that January 2 also watched it unfold in the sky.
For many, the physical and mental fallout from the incident will remain – a shattering reality for them potentially holding financial implications for any business involved.
WHICH BUSINESSES WERE INVOLVED
Sea World Helicopters is solely directed by Victoria-based John Orr-Campbell, 67, while Michele Orr-Campbell, 58, is the ultimate sole shareholder via a number of holding companies.
The Orr-Campbells took over the company, previously named Village Sea World Aviation, from Village Roadshow in 2019, becoming a branded contractor of the theme park operator under a 10-year agreement.
Both helicopters involved in the crash were Eurocopter EC 130 B4s, reportedly worth $2.4m each.
Video footage of the crash shows the aircraft piloted by Ashley Jenkinson, in which four people lost their lives, taking off from a helipad that’s solely accessible by Sea World theme park ticketholders.
Theme park staff were among the first to the scene, offering emergency care to the victims.
Sea World is operated by Village Roadshow Theme Parks, which delisted from the ASX in 2020 after a takeover by BGH Capital.
LIABILITY AND COMPENSATION
A Brisbane lawyer who specialises in aircraft accidents said Sea World Helicopter insurers would likely pay millions in compensation to surviving passengers and the families of those who died.
Speaking in the days after the crash, Peter Carter of Carter Capner Law told the Bulletin victims would be entitled to up to $925,000 if it was found to be accidental.
If a company was found to be at fault for the crash, it could be liable for millions in compensation via civil court action, Mr Carter said.
In the case of the 2016 Dreamworld theme park tragedy, which also killed four people, it was almost seven years and more than $40m before the last legal action was settled.
Shareholders in a class action secured a $26m settlement in August 2023, made on the basis that there was no admission of liability. The payout was fully insured, unlike the $4m legal costs that will come off the company’s bottom line in FY24.
Families of victims and others harmed by witnessing the disaster were also compensated, including the family of victim Cindy Low, which shared a $2.15m court settlement, and Dreamworld staff, who shared in $5 million in compensation.
As well as compensating victims, Dreamworld owner Ardent Leisure, now named Coast Entertainment Holdings, was fined $3.6m after pleading guilty to workplace health and safety charges.
Financial fallout from the Sea World Helicopters crash will depend on the results of the investigation by the Australian Transport Safety Bureau. It revealed details of an interim report earlier this week. It’s final report is due later this year.
A coronial inquest is likely to be initiated after that, with any civil action potentially hinging on both.
THE PUBLIC RESPONSE
The outpouring of grief and support from the Gold Coast community following both tragedies was profound and highly visible.
In Dreamworld’s case, balloons, flowers, stuffed toys and condolence letters piled high at the park’s entrance, becoming a ubiquitous and enduring image shared around the world.
Sea World escaped similar scenes at its front gates, with Gold Coast City Council announcing an official site for laying tributes in a public park on the other side of the Broadwater looking across to the crash sandbank.
At Village Roadshow, a decision was made to issue a public statement, offering “its deepest condolences”.
The second sentence of the four-sentence statement described as “an independent professional operator”.
Acting Mayor Donna Gates added: “I understand the helicopter service is not a Village Roadshow operation and is managed by an independent operator,” in a statement released while emergency responders were still at the scene.
Asked at the time what prompted her to make the statement, Cr Gates said “I have not been in contact with Village Roadshow”.
Village declined to answer fresh questions about whether it had sought advice from its lawyers and insurers about the incident; whether the company had budgeted for potential compensation for those impacted; and what information it had been required to provide investigators.
Village Roadshow, which usually files its annual financial reports with ASIC on September 30, is yet to lodge for FY23.
Sea World opened it doors the day after the crash .... without a floral tribute in sight.
The helicopter flights resumed three months later.
NEVER AGAIN
The horrors of the Dreamworld tragedy sparked a statewide clampdown in regulation on ride safety and prompted all operators to meticulously assess their rides.
Ardent Leisure, which was renamed Coast Entertainment Group last month, was the first company in the state to be granted Major Amusement Park Licences under new Workplace Health and Safety legislation.
Likewise, the Sea World Helicopters crash has already resulted in improved safety measures, with the company already moving to help increase chopper visibility with high-visibility paint on rotor blades, additional strobe lighting, the introduction of helipad controllers and the use of live radar data in the cockpit. What else is in store for the company remains to be seen.