Southwest Enterprises Ltd v Attorney General

• Jurisdiction: Belize
• Judge: Shanks, J.
• Judgment Date: 18 April 2000
• Court: High Court (Belize)
• Docket Number: 124 of 1994
• Date: 18 April 2000

High Court

Shanks, J.

124 of 1994

Southwest Enterprises Limited

and

Attorney General

Appearances

Mr. E. A. Marshalleck for the plaintiff.

Mr. G. Arzu for the defendant.

Damages - Damage to property — Damage caused by British military aircraft transporting Belizean police officers — Civil Aviation Act, section 19(2) — Whether the defendant was liable under section 19(2) of the Act — Whether the plaintiffs could recover damages from the defendant — Finding that section 19(2) gave a right of action against the owners of the aircraft and there the claim against the defendants could not be brought under the Act since the defendant was not the owner of the aircraft — Finding that the plaintiff could recover damages in negligence against the defendants since the police owed a duty of care to take responsible care in carrying out their operations to avoid damage to the property of others — Damages awarded.

Shanks, J.

1 This is a claim arising out of damage allegedly caused by the British Military Helicopters which were transporting the Belizean Police to execute a search warrant on South West Caye in the evening of 8 June, 1993. The plaintiffs own and run a resort called Manta Reef Resort on the island. They claim that damage was done to some buildings and thatch umbrellas and an antenna by the helicopters as they descended and dropped off the police at the pier which is close to the resort.

2 Mr. Marshalleck for the plaintiff relied first on the Civil Aviation Act, s.19(2) which provides:–

“Where material loss or damage is caused to any…property on land…by…an aircraft then damages in respect of the loss or damage shall be recoverable without proof of negligence or intention or other cause of action, as if the loss or damage had been caused by the willful act, neglect or default of the owner of the aircraft:

Provided that where material loss or damage is caused as aforesaid in circumstances in which –

• (a) damages are recoverable…by virtue only of the foregoing provisions… and

• (b) a legal liability is created in some person other than the owner to pay damages in respect of the said loss or damage.

the owner shall be entitled to be indemnified by that other person in respect of the said loss or damage.”

Accepting that s.19(2) applies to military helicopters, it is perfectly clear that it gives a right of action against the owner of the helicopters and against no one else. In this case the owner was the British Government, not the Belizean Government or police force. A claim against the Attorney General cannot therefore be brought under s.19(2) and Mr. Marshalleck must make good his case in negligence.

3 The plaintiff does not challenge the police's operational...