High Court backs grieving Adelaide mum’s fight for justice for her son, who fell to his death in Thailand in 2010

An Adelaide mum has been granted permission by the High Court to sue Virgin Blue in SA over the death of her son in Thailand eleven years ago.

Nathan Edwards died after plunging to his death from a Phuket hotel balcony in Thailand, during a flight stopover while working for Virgin Blue Airlines.

A grieving mother’s SA fight for justice over the death of her son has been backed by the High Court.

Sitting in Canberra, the court on Friday afternoon upheld Adelaide mother Karen Edwards’ right to sue Virgin Blue in the SA courts over the death of her son Nathan.

Virgin believed the case belonged in the NSW courts, where Nathan was employed, but where it would likely have failed on a legal technicality.

Ms Edwards is fighting to have a secret workplace death report released, which she hopes will explain why her son fell five floors from a Phuket hotel to his death on February 14, 2010.

In a stalled action, still before the Adelaide Magistrate’s court, Ms Edwards is suing the airline for the mental harm caused, but hopes all documents will be released in the “discovery” phase of the case.

Acting for Ms Edwards Anthony Kerin said the Magistrate’s court would now hear an application that her case be heard in the district court.

“We’re very happy and it means in a month or two we can have a trial date set,” he said.

“We now have an avenue where we can at least argue for the release of documents to find out what happened to Nathan.”

Nathan Edwards, 24, had returned from a night out with colleagues during a routine stopover and the cause of the fall has never been properly determined.

Investigations by Ms Edwards have since revealed conflict between the crewmates, which she hopes will be explained in the workplace report.

Virgin has been asked for comment.

“I have been fighting for Nathan’s rights but I’m told now this has implications for the rights of all families who lose a loved one working interstate to have the courts in their states decide,’’ Ms Edwards said.

Virgin Blue and Ms Edwards have battled for seven years, the company thwarting every attempt she has made to have the workplace death report released.

The dispute made it to the High Court on appeal by Virgin.

It tried to have rejected a Supreme Court of SA decision last year by Chief Justice Chris Kourakis and Justices Tim Stanley and Sam Doyle.

The court ruled Ms Edwards’ case could be heard in SA, rather than NSW where it has already been settled, because Ms Edwards was a resident of SA at the time and continues to be.

Ms Edwards has maintained the story given by Thai authorities, of death by accidental fall, was subject to numerous inconsistencies.

The family was initially told he had been balcony hopping, but then the story changed to Mr Edwards falling from a secure walkway with a 1.5m high barrier.

A second autopsy of the body was not able to rule out assault before death.