US Government claims it is immune from liability after a NT-based Marine Evan James Williamson injured in BBQ explosion

A Territory-based marine suffered burns to a third of his body allegedly due to a gas leak at a military base BBQ. See why his government is refusing to pay out.

The American government has claimed it is immune from any liability after a Marine suffered burns to nearly a third of his body in a barbecue explosion at a Territory Army base.

The US government has claimed it is immune from any liability after a Marine suffered burns to nearly a third of his body in a barbecue explosion at a Territory Army base.

Ex-bomb technician Evan James Williamson is suing the American and Australian governments as well as two contractors for a total of $US5m— $7.8m — after an explosion at a NT military site.

The young Marine was attempting to barbecue hot dogs and burgers when the flames of his lighter hit a gas leak.

“His entire body from his ankles up to his face (were) consumed by flames, resulting in significant injuries to much of his body,” court documents said.

Mr Williamson was left with significant scarring, burns across 30 per cent of his body, inhalation issues and psychological injuries.

A young Marine was attempting to barbecue hot dogs and burgers when the flames of his lighter hit a gas leak.

The Marine, who left the force in 2021, alleges senior members of the US Marines and Australian Defence Force were aware of the leak before the incident.

He has sued the two governments as well as defence contractors infrastructure services provider Ventia Australia and B & L Dowling Pty Ltd, which trades as Darwin’s Gasman.

On Thursday, the Supreme Court Justice Vince Luppino said he would pause the hearing, due to the American government attempting to appeal one of his earlier decisions.

Justice Luppino refused to dismiss the case against the US in June, despite the US government barrister Christopher Ward SC arguing it had freedom from liability within the Australian courts.

The Marine, who left the force in 2021, alleges senior members of the US Marines and Australian Defence Force were aware of the leak prior to the incident.

A month later the Americans filed a notice to overturn this, with their leave to appeal granted in August 21.

The Foreign States Immunities Act of 1985 states that “a foreign State is immune from the jurisdiction of the courts of Australia in a proceeding”.

On Thursday, Justice Luppino said the appeal appeared “bona fide” and had reasonable prospects of success.

“It is a challenge which goes to the very existence of the jurisdiction of the Court and whether there ever was jurisdiction to entertain the proceedings against the Fourth Defendant the US Government) at all.”

Given the pending appeal, Justice Luppino said he would issue a stay in the civil Supreme Court case, pausing the case until an outcome was reached in the appeal process.

The court also heard Mr Williams was in mediation with all parties as the civil case continues.

Originally published as US Government claims it is immune from liability after a NT-based Marine Evan James Williamson injured in BBQ explosion