Preti v Sahara Tours Pty Ltd

The appeal before the court involved Silvia Preti, the widow of deceased person, and other family members of the deceased against Sahara Tours Pty Ltd, the defendant, in a matter of personal injury and death caused by alleged negligence. The case was heard in the Supreme Court of Victoria, Australia. The deceased, along with others, was on a guided tour in Switzerland when the incident occurred. The deceased was killed when the tour bus he was on fell into a ravine. The family claimed damages against the tour operator, Sahara Tours, for the deceased's death and sought compensation for the loss of his services and other associated damages.

The primary legal issues in the case were whether the deceased's contributory negligence should be considered and, if so, the appropriate apportionment. The court also needed to determine whether the trial judge's finding of 50% contributory negligence was just and equitable. Additionally, the court had to address the issue of damages, including compensation for the parents and for the loss of gratuitous services provided by the deceased. Lastly, the court considered the validity of an offer of compromise made in Australian dollars in a case where the judgment was to be delivered in Swiss francs.

The court found that the trial judge's assessment of 50% contributory negligence was not just and equitable, given the circumstances of the case. It was determined that the deceased's contributory negligence should be reduced to 25%. This reduction led to a recalculation of the damages awarded to the family members, resulting in different amounts for each claimant. The court also upheld the validity of the offer of compromise made in Australian dollars, as it was deemed to be a genuine offer in the context of the proceedings. Consequently, the appeal was allowed, and the original orders were set aside, with new amounts awarded to the claimants.

In conclusion, the appeal was allowed, and the court varied the amounts awarded to the claimants. Silvia Preti was awarded CHF 124,376.80, Melissa and Gregory Preti each received CHF 66,334.40, Natale and Filomena Preti were awarded CHF 56,771.20, and Fabio and Vivianna Preti each received CHF 4,800.00. The parties were directed to file and serve written submissions on the costs of the appeal and the proceedings below within 21 days.