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A collapsed flight training school has lost its appeal against an $800,000 lawsuit by a former student.
Gobel Aviation (formerly Soar Aviation), which was liquidated after entering administration in late 2020, was affirmed by the Supreme Court of Victoria to have been responsible for a 2017 light plane crash that left student Edward Ripper traumatised and unable to pursue a commercial pilot career.
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As reported in The Australian, Ripper had claimed instructor Bao Nguyen had failed to follow procedure and say “taking over” when he took control of the Foxbat light aircraft Ripper was using in a solo flight assessment on the runway in Bendigo.
This led to a confusing situation in which both Ripper and Nguyen were pressing the right rudder pedal on the aircraft’s dual controls, causing it to veer to the right; Ripper subsequently attempted to take off, causing the plane to stall and crash.
In her initial ruling, County Court of Victoria judge Anna Robertson found the training company was at fault, due to Nguyen’s failure to tell Ripper he was taking over.
“He did not announce he was taking over control, he did not ask [Mr Ripper] to relinquish control,” Justice Robertson found.
“It was reasonably foreseeable that in a flight training situation in a dual-control aircraft, if proper handover and takeover procedures were not adopted there could be confusion as to who was flying the aircraft.
“A student pilot might respond to an application of the right rudder pedal or the control stick in an unexpected way culminating in a collision.”
While both Nguyen and Ripper survived the crash, Ripper said the subsequent psychological damage led to extreme anxiety when attempting to fly a plane, ending his prospects of becoming a commercial pilot.
Though the training school appealed, judges Richard Niall, David Beach and Stephen O’Meara unanimously sided with Justice Robertson in her ruling, which gave Ripper $797,373 in damages, including $561,412 for loss of future earning capacity.
The case follows hundreds of former Soar students in 2022 being awarded a $30 million settlement over claims that poor training standards did not meet the requirements for pilot’s licences.
The case was brought by Gordon Legal against Melbourne TAFE provider Box Hill Institute (BHI), as students studied the theory element of their diploma of aviation at BHI but undertook the practical flying elements at Soar.
The class action made a number of claims, including accusing BHI of breaching its duty of care by working with the troubled flight school.
It also stated BHI engaged in “misleading and deceptive conduct” by suggesting to potential students that it would enable them to subsequently obtain a CASA pilot licence.
In January 2021, Australian Aviation reported how those calling the flight school in the days after its collapse were presented with a voice message bluntly informing them that the business wouldn’t be taking or responding to any messages.
