Woman awarded $1.5 million in damages following plane’s crash into Ferris wheel at Old Bar Beach Festival in 2011

A young woman has been awarded $1.5 million in damages as a result of injuries and subsequent trauma suffered when a light aeroplane crashed into the Ferris Wheel she was riding back in 2011.

Amber Christine Arndell was just 13 years old when a light plane crashed into the ferris wheel she was riding with her brother at the Old Bar Beach Festival at Taree on the NSW mid north coast in 2011.

Almost 10 years after the incident, Arndell has been awarded the damages by the NSW Supreme Court which heard she was now “unemployable”.

The incident when a two-seat light plane attempted a landing at an adjacent airstrip. Taking off again, it veered left into the attraction.

The Court this week found MidCoast Council and pilot Paul Clarendon Cox negligent for breaching their care to the woman, with Justice Stephen Rothman advising that “(Arndell’s) evidence makes clear she was frightened the Ferris Wheel was going to collapse and/or the fuel from the plane would ignite - and that she and her brother would die.”

Cox was ordered to cover 35% of the damages, with the Council to pay 65%.

Cox failed in his lawsuit against the Council despite the Court accepting the pilot had suffered insomnia, flashbacks and other mental harm due to the crash. His landing attempt, according to Judge Rothman “displayed a lack of due care and diligence”.

The Court heard a Council officer had examined the Ferris Wheel after it was erected and raised no issues with its placement. That was despite it intruding into the splay - a three-dimensional area meant to remain clear to allow aircraft to land and take off.

Two medical experts agreed Arndell’s experience of the collision was traumatic and had significant effects but were split on whether the trauma had been resolved and what effect earlier, traumatic events had on her recognised psychiatric illness.

Judge Rothman concluded she had a pre-existing psychological vulnerability, went through a period of decompensation and developed a generalised anxiety disorder and a major depressive disorder.

Arndell, now 23, was awarded slightly under $1.1 million for lost wages while her non-economic loss was deemed to be worthy of a $412,200 payment.