Finke Desert Race organisers sued over horror crash that killed Nigel Harris, injured Robert Mudd

The NT’s Motor Accidents Compensation Commission is suing Finke organisers and the sport’s governing body over a horror crash that killed a spectator and injured another man.

Trophy Truck #499 as it suffers suspension failure and heads towards Nigel Harris in the moments before his death at the 2021 Finke Desert Race. Picture: NT Courts

The NT’s Motor Accidents Compensation Commission is suing the organisers of the Finke Desert Race and the sport’s governing body over a horror crash that killed spectator Nigel Harris and injured another man.

Mr Harris was killed when Trophy Truck #499 suffered a suspension failure and careened towards his place in the crowd at the 35km sand dune during the 2021 event.

According to a writ filed with the Supreme Court, also standing nearby was fellow spectator Robert Mudd who suffered “multiple lower body fractures” in the crash, “requiring multiple internal fixations and total hip replacement surgery”.

Trophy Truck #499 at the 2021 Finke Desert Race. Picture: NT Courts

The MACC claims both Finke Desert Race Inc and the Confederation of Australian Motor Sports (since rebadged Motorsport Australia) knew or ought to have known that spectators stood close to the track and permitted them to do so.

“The first and second defendants were aware or ought to have been aware of the risk of a motor vehicle colliding with a spectator in circumstances where spectators were standing in close proximity to the racetrack, including at the 35km sand dune,” the document reads.

The commission claims despite this, neither organisation “took any, or alternatively any reasonable, step” to discourage spectators from standing close to the track, limit or control access, supervise spectators or signpost safe and unsafe viewing areas.

“As organisers of the 2021 race, the first and second defendants owed spectators, including Mr Mudd, a duty of care to organise and manage the 2021 race in such a way as to maintain reasonable safety for spectators attending the event,” the writ reads.

Nigel Harris was tragically killed when a vehicle veered off the road and into spectators at the Finke Desert Race.

“The first and second defendants breached their duty of care by failing to take reasonable precautions for spectator safety.”

The MACC says Mr Mudd was entitled to claim statutory benefits to the tune of more than $170,000 to cover his ongoing medical expenses in the wake of the crash.

As a result, the commission is seeking an order that the race organisers indemnify it for those costs as well as interest and legal costs.

In handing down her findings into Mr Harris’ death in June last year, Coroner Elisabeth Armitage revealed Motorsport Australia safety adviser Troy Bennett had warned it the legal consequences for a failure to address safety concerns following the 2018 event could be “crippling”.

Ahead of the 2023 event, Motorsport Australia said it had been a “willing participant” in the inquest and the race would proceed “in line with the recommendations outlined by the coroner”.

“The event organiser’s have also implemented an extensive safety management plan that will be in place for this week’s race, which has been many months in the planning,” it said in a statement.