Update as father of Hunter Valley bus crash victim sues Transport for NSW for alleged breaches in duty of care
Ten people died and more than two-dozen others suffered injuries when the bus flipped on Wine Country Drive near Greta on the way back from a wedding reception.
The bus driver, Brett Button, was last year sentenced to 32 years behind bars with a non-parole period of 24 years for his role in the crash.
He pleaded guilty to 10 counts of dangerous driving occasioning death and nine of dangerous driving occasioning grievous bodily harm.
A court was previously told Button had taken 'significantly more' than his prescribed dosage of the opioid-based painkiller Tramadol on the day of the crash.
He had been stood down by a previous employer just a year prior after a pain specialist found he was addicted to Tramadol — which he'd been taking since the 1990s — and he did not tell operator Linq Buslines he was using the painkiller.
Among the victims of the tragedy was 29-year-old Zach Bray.
His father Adam Bray is now suing Transport for NSW (TfNSW) in the Supreme Court over an alleged breach in duty of care by the agency.
A substantive statement of claim was filed on Mr Bray's behalf last year, arguing TfNSW breached its duty of care in a number of instances, including having inadequate road warning signage along Wine Country Drive.
It further alleged signs incorrectly described the stretch of road as a roundabout, claiming it was instead an 'elliptically shaped interchange feature' to which different considerations and dynamics applied.
The matter was briefly heard in the NSW Supreme Court on Thursday morning.
Representing TfNSW, Moray and Agnew's Brian Moroney told the court a cross-claim was in draft form. It is as yet unclear who this will be filed against.
Justice Peter Garling ordered the defence file and serve all cross-claims by May 1, with the case to return to court on May 16.
The lawsuit is seeking damages and costs for both Mr Bray as well as on behalf of those directly injured physically and/or psychologically and psychiatrically in the crash, as well as those suffering 'pure mental harm'.
The statement of claim filed last year argued TfNSW owed the public using Wine Country Drive a duty of care, and listed a comprehensive list of alleged breaches.
It argued a circular interchange on Wine Country Drive would have been safer 'and was therefore desirable if space permitted', and that there was inadequate road warning signage in place regarding hazards in the interchange, including the 'tightening radius'.
Not having specific signage that the interchange could potentially be dangerous to commercial buses, including by way of a tilting truck symbol or equivalent, as well as a lack of appropriate advisory signage related to reduced speed for commercial buses, was also outlined in the claim.
It suggested a run-off area may have offered a 'more forgiving roadside area' in cases of vehicles running off the road, as opposed to safety barriers, and also claimed construction and post construction audits were 'inadequate to identify the unsafe design and construction of the interchange'.
The breaches 'gave rise to a real and significant risk' that a driver of a heavy vehicle, including a passenger bus, with a raised centre of gravity 'could nonetheless lose control of the vehicle, trip the vehicle causing it to fall onto its side and come into collision with the adjacent guard rails', the statement of claim alleged.
This included where drivers were exercising reasonable care 'having regard to what the driver reasonably considered was a reasonable speed to travel in the interchange'.
Vegetation in the island of the interchange was also cited as limiting the line of sight of drivers, which could deprive drivers of the ability to see a 'visually subtle but nonetheless critical change in road alignment' in reference to the tightening curve of the road.
Mr Bray has also launched a class action against TfNSW for anyone who suffered damages or loss as a result of the crash, which included those directly injured, suffering mental harm, and insurers who have paid out claims for injured or deceased victims.
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Driver denies opioid 'influence' on fatal bus trip
A wedding bus driver convicted over one of Australia's worst crashes has appealed against his "manifestly excessive" jail sentence of 32 years. Brett Andrew Button, 60, had been driving too fast and engaged in risk-taking behaviour before the crash, which killed 10 and injured 25 people, in the NSW Hunter Valley in June 2023. While dependent on opioid painkiller Tramadol, he has denied he was affected by the drug when he lost control of the vehicle. He was sentenced in September to a maximum jail term of 32 years with a non-parole period of 24 years. District Court Judge Roy Ellis said he was unaware of any other case that had such a devastating impact on so many people. The vehicle - which was carrying guests from a wine estate wedding - entered a roundabout on the way to Singleton before tipping over and hitting a guardrail. Button has challenged his sentence in a bid to reduce his time behind bars, which was briefly heard in the NSW Court of Criminal Appeal on Thursday. 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Button pleaded guilty to 10 charges of dangerous driving causing death, nine counts of driving causing grievous bodily harm and 16 counts of causing bodily harm by wanton driving. A class action has been filed against the NSW government over the roundabout's design by those injured and family members of the dead. The speed limit through the interchange was allegedly too high. A wedding bus driver convicted over one of Australia's worst crashes has appealed against his "manifestly excessive" jail sentence of 32 years. Brett Andrew Button, 60, had been driving too fast and engaged in risk-taking behaviour before the crash, which killed 10 and injured 25 people, in the NSW Hunter Valley in June 2023. While dependent on opioid painkiller Tramadol, he has denied he was affected by the drug when he lost control of the vehicle. He was sentenced in September to a maximum jail term of 32 years with a non-parole period of 24 years. District Court Judge Roy Ellis said he was unaware of any other case that had such a devastating impact on so many people. The vehicle - which was carrying guests from a wine estate wedding - entered a roundabout on the way to Singleton before tipping over and hitting a guardrail. Button has challenged his sentence in a bid to reduce his time behind bars, which was briefly heard in the NSW Court of Criminal Appeal on Thursday. He claims Judge Ellis was wrong to find he was driving under the influence of Tramadol at the time of the accident. He also contests a finding the speed required to tip the bus over was only 31km/h. Button entered the roundabout at an estimated 52km/h before accelerating to about 56km/h, the District Court was earlier told. "In all of the circumstances, the aggregate sentence of 32 years with a non-parole period of 24 years was manifestly excessive," his grounds of appeal read. A hearing has been scheduled for October 3. Prosecutors expect voluminous evidence to be tendered, including victim impact statements from the families of those who died or were injured in the crash. A psychological report for Button and several references attesting to his good character will be considered by the court. The bus driver will not appeal against his conviction. Prosecutors dropped 10 counts of manslaughter as part of a plea deal. Button pleaded guilty to 10 charges of dangerous driving causing death, nine counts of driving causing grievous bodily harm and 16 counts of causing bodily harm by wanton driving. A class action has been filed against the NSW government over the roundabout's design by those injured and family members of the dead. The speed limit through the interchange was allegedly too high. A wedding bus driver convicted over one of Australia's worst crashes has appealed against his "manifestly excessive" jail sentence of 32 years. Brett Andrew Button, 60, had been driving too fast and engaged in risk-taking behaviour before the crash, which killed 10 and injured 25 people, in the NSW Hunter Valley in June 2023. While dependent on opioid painkiller Tramadol, he has denied he was affected by the drug when he lost control of the vehicle. He was sentenced in September to a maximum jail term of 32 years with a non-parole period of 24 years. District Court Judge Roy Ellis said he was unaware of any other case that had such a devastating impact on so many people. The vehicle - which was carrying guests from a wine estate wedding - entered a roundabout on the way to Singleton before tipping over and hitting a guardrail. Button has challenged his sentence in a bid to reduce his time behind bars, which was briefly heard in the NSW Court of Criminal Appeal on Thursday. He claims Judge Ellis was wrong to find he was driving under the influence of Tramadol at the time of the accident. He also contests a finding the speed required to tip the bus over was only 31km/h. Button entered the roundabout at an estimated 52km/h before accelerating to about 56km/h, the District Court was earlier told. "In all of the circumstances, the aggregate sentence of 32 years with a non-parole period of 24 years was manifestly excessive," his grounds of appeal read. A hearing has been scheduled for October 3. Prosecutors expect voluminous evidence to be tendered, including victim impact statements from the families of those who died or were injured in the crash. A psychological report for Button and several references attesting to his good character will be considered by the court. The bus driver will not appeal against his conviction. Prosecutors dropped 10 counts of manslaughter as part of a plea deal. Button pleaded guilty to 10 charges of dangerous driving causing death, nine counts of driving causing grievous bodily harm and 16 counts of causing bodily harm by wanton driving. A class action has been filed against the NSW government over the roundabout's design by those injured and family members of the dead. The speed limit through the interchange was allegedly too high. A wedding bus driver convicted over one of Australia's worst crashes has appealed against his "manifestly excessive" jail sentence of 32 years. Brett Andrew Button, 60, had been driving too fast and engaged in risk-taking behaviour before the crash, which killed 10 and injured 25 people, in the NSW Hunter Valley in June 2023. While dependent on opioid painkiller Tramadol, he has denied he was affected by the drug when he lost control of the vehicle. He was sentenced in September to a maximum jail term of 32 years with a non-parole period of 24 years. District Court Judge Roy Ellis said he was unaware of any other case that had such a devastating impact on so many people. The vehicle - which was carrying guests from a wine estate wedding - entered a roundabout on the way to Singleton before tipping over and hitting a guardrail. Button has challenged his sentence in a bid to reduce his time behind bars, which was briefly heard in the NSW Court of Criminal Appeal on Thursday. He claims Judge Ellis was wrong to find he was driving under the influence of Tramadol at the time of the accident. He also contests a finding the speed required to tip the bus over was only 31km/h. Button entered the roundabout at an estimated 52km/h before accelerating to about 56km/h, the District Court was earlier told. "In all of the circumstances, the aggregate sentence of 32 years with a non-parole period of 24 years was manifestly excessive," his grounds of appeal read. A hearing has been scheduled for October 3. Prosecutors expect voluminous evidence to be tendered, including victim impact statements from the families of those who died or were injured in the crash. A psychological report for Button and several references attesting to his good character will be considered by the court. The bus driver will not appeal against his conviction. Prosecutors dropped 10 counts of manslaughter as part of a plea deal. Button pleaded guilty to 10 charges of dangerous driving causing death, nine counts of driving causing grievous bodily harm and 16 counts of causing bodily harm by wanton driving. A class action has been filed against the NSW government over the roundabout's design by those injured and family members of the dead. The speed limit through the interchange was allegedly too high.
Sky News AU
4 days ago
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Hunter Valley bus crash driver to appeal ‘manifestly excessive' 32-year prison sentence
The driver who crashed a bus in the Hunter Valley, killing 10 people and injuring 25 more, has made a move to appeal the severity of his 32-year prison sentence. Brett Button was handed the sentence in Newcastle District Court in September 2024, which included a non-parole period of 24 years. The registrar of the NSW Court of Criminal Appeal confirmed the driver would appeal the sentence, and the matter was heard briefly in Sydney's Court of Criminal Appeal on Thursday. Button is appealing on the grounds that his prison term was manifestly excessive, that the sentencing judge erred in finding he 'drove knowing he was under the influence' of painkiller Tramadol, and that the tipping threshold for the bus was 31km/h. The court had earlier heard Button had taken more Tramadol than his prescribed dose on the day of the crash, and a pain specialist had found he was addicted to the painkiller. He pleaded guilty last year to 10 counts of dangerous driving occasioning death, downgraded from 10 counts of manslaughter, as well as nine counts of dangerous driving causing grievous bodily harm, and 16 counts of driving furiously in a motor vehicle to cause bodily harm. The Crown prosecutor described Button's appeal as 'unusual,' and the process would take some time. 'As I indicated, a number of victim impact statements, medical reports … quite a volume of documentary evidence,' she said. The appeal will be heard on October 3. 10 people were killed in the crash including, Zach Bray, Darcy Bulman, Rebecca Mullen, Kyah McBride, Nadene McBridge, Kane Symons, Tori Cowburn, Angus Craig, and Andrew and Lynan Scott. It has been two years since the crash on Wine Country Drive in Greta on June 11, 2023.
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