Bouchere v Car Festivals Pty Ltd [2022] FCA 1070

Bouchere v Car Festivals Pty Ltd [2022] FCA 1070

In this matter, Greg Walsh for Lynelle Bouchere.

The initial advice provided was to the effect that the circumstances of the accident was one which arose as a result of a motor vehicle accident arising from a burnout competition, when pure methanol fuel generated by the competitor in the course of the competition, ignited rubber detritus situated in close proximity to the spectator watching the event. As a result, a number of spectators were severely burnt and others suffered psychological injury.

Greg Walsh met with the Claimants in Darwin and accepted instructions on a ‘no win no fee’ basis and also agreed to pay the disbursements of the Claimants. Greg Walsh made the decision not to seek to engage a litigation funder, so as to avoid the Claimants losing up to 60% of any verdict or settlement.

The case was brought against Car Festivals Pty Ltd, Summernats Pty Ltd and Northern Territory Major Events Company Pty Ltd.

Greg Walsh acknowledged that the litigation was extremely hard for and involved enormous effort of not only his part, but that of his staff and with the support of the Claimants. Greg Walsh was of the opinion that the injuries suffered by the Claimants arose not as a result of a motor vehicle accident, but as a result of a breach of the Australian Consumer Law (ACL) and in negligence. This meant that the very restrictive conditions of the Motor Accidents Compensation Act (NT) did not apply.

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