Tetu & Anor v James Thane P/L

This case involves a tragic accident in which a talented young trapeze artist, Heather Tetu, fell and was grievously injured, ruining her health and ending her career. The defendants and the third party agreed that the proper payment of damages to her was $1,300,000. The case was also settled in favour of Ms Tetu’s partner, Mr Matthew Hughes, who was the second plaintiff. The question remained and was vigorously contested as to the relative liability of the first defendant, James Thane Pty Ltd, her employer; the second defendant Conrad International Hotels Corporation, who controlled the venue where she was performing; the third defendant Jupiters Limited, who was the registered lessee of the venue; and the third party, then called the Workers’ Compensation Board of Queensland. The court found that the negligence of the second defendant was gross and that the first defendant was 30 percent responsible for the damage, while the second defendant was 70 percent responsible. The third party was liable to indemnify the first and second defendants for their liability to the plaintiffs. The court gave judgment in favour of the plaintiffs against all defendants, with the proportion of liability as stated above.