A class action lawsuit stemming from the 2023 Hunter Valley bus crash that killed 10 people will not go to trial until 2027, a court has heard. The action, led by Adam Bray, whose son Zach died in the crash, seeks damages for negligence and breach of duty of care.
The lawsuit now includes new defendants: driver Brett Andrew Button and bus company Linq Buslines, in addition to Transport for New South Wales. Button was sentenced to 32 years in jail with a non-parole period of 24 years for his role in the crash. The statement of claim alleges the roundabout's elliptical design, high shrubbery, and lack of safety signage contributed to the crash.
During a directions hearing in the New South Wales Supreme Court on Friday, Justice Peter Garling was told that construction companies ACCIONA and AECOM, responsible for the interchange's design and construction, have been added as cross-defendants by Transport for NSW. A key sub-contractor document on design verification could not be found after a three-month search.
Button's barrister, Andrew Stone, stated that Button does not intend to file any cross claims. Linq Buslines' barrister mentioned a potential cross claim against the company's insurer, QBE, which has accepted coverage for Button as driver but has other outstanding issues.
The matter was adjourned to October 3, the same day Button is set to appeal his sentence, arguing it was manifestly excessive. The appeals court has been told special provisions will be needed to accommodate family members and friends of the victims.
