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Victorian survivors of the Sea World helicopter crash that killed four people on the Gold Coast have launched a lawsuit for injury compensation.
Geelong mother Winnie de Silva and her son Leon were aboard a scenic flight that collided midair with another helicopter on January 2, 2023.
Geelong mother Winnie de Silva and her son Leon were aboard a scenic flight that collided midair with another helicopter on January 2, 2023.Credit: Marija Ercegovac
Sea World chief pilot Ash Jenkinson, British couple Ron and Diane Hughes and Sydney mother Vanessa Tadros were killed in the crash. The de Silvas, who now live in Lara, were among eight others injured.
Leon, then aged nine, suffered head injuries and was briefly in an induced coma. Winnie, then aged 33, broke several bones.
She recounted to a coronial inquest in November holding on to her son during the crash.
A writ filed in the Supreme Court of Victoria was released to this masthead on Wednesday and reveals the mother and son have now initiated civil proceedings against Sea World operators, the Gold Coast council, aviation regulators and helicopter maintenance company Jetpoint.
The court document, dated December 19, claims the Civil Aviation Safety Authority and Airservices Australia breached duties to ensure the de Silvas were not at risk of injury on the flight.
Jetpoint allegedly breached a duty of care to detect defects in the helicopters, according to the writ.
Village Roadshow Theme Parks, which operates Sea World, allegedly failed to ensure the Seaworld Helicopter Flights site was fit for purpose, and breached guarantees under Australian Consumer Law, the writ says.
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When asked for a response to these claims, a spokesperson for the theme park said they were unable to comment further as it was now a legal matter.
“Our thoughts remain with all those impacted by the 2023 helicopter tragedy on the Gold Coast.”
The City of Gold Coast also failed to ensure the permit granted for the Sea World helipads did not endanger the de Silvas, according to the writ prepared by Arnold Thomas & Becker in Geelong.
In response to questions from this masthead, a council spokesperson said they were unable to comment on active legal matters.
Arnold Thomas & Becker were contacted for comment. De Silva was unable to be contacted.
Winnie de Silva receiving treatment after the crash.
CASA and Airservices Australia declined to respond to claims against them. Jetpoint did not respond to enquiries.
The families of those killed in the Sea World helicopter crash also made claims for psychiatric injuries in separate proceedings in Queensland on December 18.
Gold Coast lawyer Ciaran Ehrich said the applications were pre-emptive measures for possible future action, as Queensland has a three-year statute of limitations for such lawsuits and the coronial inquest into the crash has dragged on to next year.
That inquest has revealed new footage of the collision that occurred 25 seconds after one helicopter took off from Sea World’s waterside helipad in Broadwater, just as another prepared to land.
The Australian Transport Safety Bureau’s report, released on April 9, revealed a radio fault contributed to the incident as a call made by the departing pilot was not broadcast.
The deceased pilot’s partner brought a separate lawsuit against Sea World Helicopters that was settled in November.
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