Widow 'pleased' CASA failed to have case dropped over Chris 'Willow' Wilson's helicopter crash death
Mr Wilson was harvesting crocodile eggs in a 'human sling' under a helicopter in a remote area of Arnhem Land in the Northern Territory in February 2022 when it crashed.
The father of two, who stared in Croc Territory, died at the scene, while the pilot was severely injured.
A 'no blame' investigation by the Australian Transport Safety Bureau found the crash was likely caused by fuel exhaustion, which made the engine cut out.
According to the report, during the crash the pilot released the 34-year-old "above a likely‑survivable height", fatally injuring him.
Danielle Wilson is suing the CASA over her husband's death alongside his co-star, celebrity crocodile wrangler Matt Wright, and his company Helibrook, the operator of the helicopter.
At an interlocutory hearing in the Federal Court, CASA attempted to have the case against them struck out by arguing the regulator should not be held responsible for the death when the helicopter operator failed to comply with safety conditions.
Counsel for CASA, Rusell McIllwaine SC, told the court while CASA allowed Helibrook to collect crocodile eggs using a helicopter and sling, it set a height limit of five metres.
"Helibrook failed to comply with that requirement or condition imposed by CASA," he said.
Mr McIllwaine told the court that Ms Wilson's case against Helibrook "was that the reason Mr Wilson died was because he was released by the pilot at a height above five metres".
"Their case is that Helibrook did precisely what CASA said they couldn't do," he said.
Mr McIllwaine told the court this created "logical inconsistencies" in the case involving multiple respondents because if Ms Wilson was alleging Helibrook's actions caused her husband's death, they were in breach of the conditions set out by the regulator.
"CASA can't take reasonable precautions; they can just impose the conditions," he said, arguing the case against CASA should be dropped as it did not have a reasonable prospect of success.
Ms Wilson's legal representative David Lloyd SC told the court their primary case was that "Mr Wilson should never have been in the air' because CASA "should never have approved the activities of that kind".
He said their case was based on alleged failure of CASA to conduct proper surveillance or oversight over Helibrook.
"You don't just approve things for highly risky activities and leave it there," he said.
Justice Elizabeth Raper did not accept CASA's claims, dismissed the regulator's application to have the case dropped and ordered them to pay Ms Wilson's costs for the interlocutory hearing.
Speaking outside court, Ms Wilson told reporters she was "pleased we heard in court today that we do have an arguable case against CASA".
The case continues.
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