FALLS CRUSH COURT FIGHT
Festival loses bid to stop class action after tent chaos
FALLS Festival organisers have lost a bid to have a class-action lawsuit scrapped in favour of individual claims.
The legal action, involving 56 people, is now set down for a Supreme Court hearing next month.
FALLS Festival organisers have lost a bid to have a classaction lawsuit scrapped in favour of individual claims.
The legal action, involving 56 people, is now set down for a Supreme Court hearing next month.
The group action seeks to gain damages and costs for people trampled and injured in a crowd surge at the Lorne festival on December 30, 2016.
Work Safe Victoria found 19 people were hospitalised and 76 required first aid treatment in the incident, which happened when the crowd tried to exit a tent after a set by DMA’s.
Supreme Court Associate Judge Melissa Daly said evidence appeared to show that patrons suffered minor to moderately severe abrasions and orthopaedic injuries.
A number had since been diagnosed with post-traumatic stress disorder, Justice Daly said.
The Melbourne Supreme Court trial, listed for November 19, will be heard by a jury.
The court estimates it will run for 10 to 15 days.
Event organiser Ash Sounds Pty Ltd applied to the Supreme Court last month to have the matter resolved by individual proceedings.
The company argued that several County Court actions and a small claims arbitration process in the Magistrates’ Court was a “more efficient, cost-effective and appropriate course”.
It stated that there was a “strong likelihood” that other than five people who can claim general damages, the remaining claims were well below the $100,000 limit of the Magistrates’ Court.
“In the absence of any entitlement to general damages save for a small number of group members, the value of the claim collapses, as does its justification as a group proceeding,” Ash Sounds said.
However, Justice Daly found in favour of the class action process, stating there was no requirement for any financial threshold to be met.
“While a number of group members have modest claims, the medical reports and medical panel determinations in evidence indicate that a number of group members have suffered life-changing physical and psychological injuries as a result of the crowd crush incident,” she said.
After investigating the incident, Work Safe last November found there was “insufficient evidence to prosecute” the event organiser.
The class action has been managed by Warrnambool-based firm Maddens Lawyers.
The lead plaintiff, Michela Burke, alleges Ash Sounds breached its duty of care towards attendees by: FAILING to ensure that the theatre had a safe exit; and, RESTRICTING the area of exit from the theatre.
In its defence, Ash Sounds said most of the people who suffered injury were already outside the tent, after leaving via the southwest and southeast exits.
It said the tent on the northern side was completely open.