INXS guitarist Tim Farriss sues boat rental over maimed hand

HE is the man behind some of rock band INXS’s iconic riffs. But as court reporter Brenden Hills reveals, a boating accident changed it all for guitarist Tim Farriss, who is now suing the hire company over his horrific injuries.

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INXS guitarist Tim Farriss is suing a boat rental operation for more than $750,000 claiming they are responsible for the horrific hand injury that put his iconic band on hiatus.

For decades, the world famous musician electrified fans with riffs on INXS’ hits like New Sensation and Devil Inside either at live shows or through stereos and headphones.

But the 61-year-old says that is no more.

He has not played with INXS or been able to write songs since his left hand was maimed and his ring finger severed in a gruesome accident with an anchor chain on board a rental boat, known as the Omega Clipper 34, in Sydney’s north on January 24, 2015.

The incident has now spilled into the NSW Supreme Court where the guitarist is suing for damages and to recoup the money he and INXS could have earned since the incident.

Tim Farriss has not been able to play with INXS or write songs since his boating accident three years ago. Picture: Tim Hunter

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Farriss and the holding company that earns royalties from INXS’s music, touring and business operations have launched legal action against the owners of the $950 a day leisure cruiser and the Northern Beaches based company that rented it to him.

Farriss claims the owners, John and Jill Axford, and rental company, Church Point Charter and Shipping, were negligent because the boat had a malfunctioning anchor mechanism that spun out of control and mangled his hand when he tried to fix it, according to his statement of claim filed with the court.

The Axfords and the rental company have denied this and are set to fight the case. In their defence documents, they claim the boat was in safe working order and that Farriss put his hand too close to the anchor chain and mechanism when he was warned not to.

Farriss launched action in the Supreme Court, which hears cases where damages are worth more than $750,000 with no cap, on January 23.

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Farriss had to have his left ring finger reattached and suffered lacerations and injuries to his index, middle and little finger in the incident, according to his statement.

It happened the year after Channel 7 released a telemovie about the band. It was rumoured the band would use the momentum to reform after playing their last show in 2012.

After renting the trawler for a pleasure cruise around Pittwater and Broken Bay, Farriss said he attempted to drop anchor at Akuna Bay. But the chain it was attached to fell off the mechanism that lowers it into the water, his statement said.

Farriss said in his statement that the rental company told him over the phone to reset the boat’s circuit breaker.

When this didn’t work, he said he attempted to realign the chain when started moving and “lacerated” his hand, the statement said.

Farriss underwent extensive operations to reattach the finger and claims he suffers from restricted use of his hand, chronic pain, depression, anxiety and struggles with his day to day living.

INXS in 1997 from left, Tim Farriss, Kirk Pengilly, Michael Hutchence, foreground, Jon Farriss, Garry Gary Beers and Andrew Farriss. INXS

He is asking the court to award special damages because the impact is has had on his music career and his earnings from it.

Because of the injury Farriss is unable “to continue to perform as a member of INXS”, his statement said.

He also claims he is unable to work as an “independent songwriter” or maintain the farm he owns.

The INXS holding company, Montana Productions, is also suing over the loss of “royalty income from the activities of INXS”, the statement said.

According to their defence, the Axfords denied the accident was foreseeable and said the vessel was “in good working order” and fit to “be safely operated” by Farriss.

The couple also claim Farriss’ injury was his own fault through his own negligence.

They said the guitarist put himself in harm’s way by putting his fingers near the anchor chain and mechanism.

They also claim Farriss failed to follow instructions relating to operating the anchor, didn’t read the instruction manual and didn’t properly use a foot operated switch for the anchor.

The matter will return to court on October 16.

Originally published as INXS guitarist Tim Farriss sues boat rental over maimed hand