When Jason Deer flew his Cessna aircraft to Nelson’s private Malibu airfield for regular maintenance in May 2021, little did he expect to then see it on fire, written off when fuel vapour ignited after a South Pacific Avionics employee applied ground power to the aircraft whilst installing a new magnetometer.
Mr Deer received a $315,000 insurance payout.
Seeking to recover its losses, his insurer sued exercising its rights of subrogation, unsuccessfully claiming Auckland-based South Pacific Avionics Ltd was negligent.
Mr Deer was working at the back of the hanger when fire broke out, calling the fire brigade as his aircraft was pushed out of the hanger and futile attempts made to extinguish the blaze.
The District Court was told Jimmy Ferguson, operating as Ferguson Aero Ltd, was already working on engine maintenance when South Pacific Avionics’ employee, Ryan Ryder, was called to the job by Mr Deer, asking him to carry out a 24-month avionics inspection and also install a magnetometer, part of an aircraft’s navigation system.
Evidence was given of Mr Ferguson previously removing the aircraft battery before commencing work on the fuel lines.
The two were working at the same time on different parts of the aircraft.
Mr Deer claimed he did not hear Mr Ryder seek an all clear before connecting a ground power unit.
Mr Ferguson subsequently worked on the fuel lines for some ten minutes before fuel vapour ignited following a spark from an exposed alternator wire accidentally touching what was now a ‘live’ aircraft.
Judge Kelly ruled the insurer failed to prove any failure by Mr Ryder to check with Mr Ferguson before connecting ground power. It is likely he did so, Judge Kelly said, but was unaware at the time that this would energise all aircraft electrical systems even with the aircraft master switch turned off.
Judge Kelly further said it is not unsafe under any circumstances to connect a ground power unit when maintenance work is underway; it is only unsafe for the brief period in which a fuel line might be open during maintenance.
The fire was ruled an accident; there was no proof of negligence.
Deer v. South Pacific Avionics Ltd – District Court (23.04.26)
16.143