Tourists sue Matt and Kaia Wright in Federal Court over horror airboat crash that left them seriously injured

A group of passengers involved in a horrific airboat crash that witnesses say resembled a “war zone” are suing Outback Wrangler Matt Wright, his wife Kaia and one of their Top End tourism ventures in the Federal Court.

The eight applicants — comprising two couples and their children — filed a consumer protection claim in the court’s NSW Registry last month.

The applicants — Bianca and Scott McFarlane, Philippa and Ryan Payne, and four children — allege the Wrights and their company, Top End Safari Camp, engaged in “unconscionable conduct” that contributed to the horror crash, leaving them with ongoing physical and psychological injuries.

The crash occurred on May 10, 2023, during a day tour at Top End Safari Camp, south-west of Darwin.

The applicants had travelled from interstate to attend a large corporate retreat being held at the adventure tourism venue.

At the time of the crash, there were 26 tourists travelling on two airboats, on the crocodile-infested Finniss River near Sweets Lagoon in Bynoe.

Airboats are flat-bottomed vessels propelled by giant fans rather than motors, allowing them to glide across the water’s surface.

Half the passengers on the tours were children under the age of 18 .

During the cruise, one of the airboats, Gale Force, crashed into the base of a semi-submerged tree with such force that all 13 passengers onboard were thrown from their seats.

Most of the passengers were injured in the crash, which occurred at about 10.30am.

The most seriously injured passenger suffered a fractured skull and significant scalp lacerations. Details of the woman’s head injuries are too distressing to publish.

Another passenger was reportedly drifting in and out of consciousness, while the airboat driver was described as “dazed”.

The Nightly understands the tree was visible from a significant distance before the collision. Passengers allegedly believed the driver was “joking around” and intended to swerve at the last moment to avoid the tree, but instead slammed into it at speed.

Witnesses say the crash scene resembled a “war zone”.

Passengers were not only injured and in shock but terrified the damaged vessel would sink in the crocodile-infested lagoon, with no idea what to do or how to call for help.

The applicants allege Gale Force was operating without seatbelts, lifejackets, a lifebuoy or a first aid kit, and that the airboat’s radio was not working on the day of the incident.

There was also no mobile phone reception at the crash site.

Fortunately, about 10 to 15 minutes later, the second airboat operating that day spotted the crashed vessel.

However, that airboat had already exceeded its maximum passenger capacity and could not take the injured tourists onboard.

Instead, it returned to shore, offloaded its passengers and then came back to retrieve those injured in the crash at about 10.55am.

By about 11.10am, the injured tourists had returned to shore, where a vehicle was waiting to transport the most seriously injured woman back to Top End Safari Camp.

The remaining passengers were put on a bus back to their accommodation, where staff were allegedly panicking and running around, trying to figure out what to do.

It is alleged there was a delay of about an hour before Top End Safari Camp employees called for medical assistance.

CareFlight arrived at 12.30pm, airlifting two women with head and leg injuries to hospital.

It is understood all of the applicants continue to suffer ongoing physical and psychological injuries as a result of the crash.

The Nightly is also aware of another passenger on the airboat, who is not a party to these proceedings, who allegedly has bone fragments lodged in her brain as a result of the collision.

Horne Legal is acting for the applicants and Gillis Delaney Lawyers is representing the respondents.

A defence is yet to be filed.

The first case management hearing, before Justice Michael Lee, is listed for July 16.

The Federal Court proceedings come after a NSW couple, who were also involved in the crash, launched separate negligence proceedings against Top End Safari Camp in the NT Supreme Court.

In a writ filed last month and obtained by The Nightly, Amelia-Kate Potts and Gregory Potts allege they suffered physical and psychiatric injuries arising from the traumatic accident.

The writ alleges the airboat lost control while travelling through a confined wetland before colliding with a tree.

Mrs Potts claims she suffered physical and psychiatric injuries, while Mr Potts claims he suffered physical injuries in the collision and psychiatric injuries from witnessing his wife’s serious injuries.

The couple allege the crash was caused by Top End Safari Camp’s negligence, including failures in the operation and control of the airboat, the implementation of safe operating procedures and the provision of adequate safety measures for passengers.

They allege the risks of losing control, colliding with an object and causing passenger injuries were foreseeable.

The plaintiffs, represented by solicitor Alanna Grimster of Piper Grimster Jones Lawyers, say they have suffered injury, loss and damage, including economic and non-economic loss.

The couple are seeking damages, interest and costs.

Lawyers for the Wrights and Top End Safari Camp were unreachable on Wednesday and did not respond to questions.

The civil proceedings follow criminal prosecutions launched by the Territory’s workplace safety watchdog over the same airboat crash.

In 2024, NT WorkSafe charged Top End Safari Camp Pty Ltd with four alleged breaches of the Work Health and Safety (National Uniform Legislation) Act 2011.

The regulator also charged the company’s then-directors, Matt and Kaia Wright, with three alleged breaches each.

If convicted on all charges, Top End Safari Camp faces a maximum combined penalty of $4 million.

Mr Wright and his wife, who joined her husband as director of the commercial tourism company in 2021, each face maximum combined penalties of $700,000.

The WorkSafe prosecution is due to return to the Darwin Local Court for a directions hearing on July 28.

ASIC records show Jake Jeffrey Reid was appointed director and secretary of Top End Safari Camp on March 13 this year.

The records also show all shares in Top End Safari Camp are owned by Mrs Wright’s company, Banjo Honey Pty Ltd.

Top End Safari Camp advertises its airboat experience as a “once in a lifetime adventure”, promising visitors the chance to cruise through the “pristine natural beauty of the Finniss River system”, spotting crocodiles, wildlife and birds while travelling through rainforest.

The company says its airboats are fitted with safety rails and hearing protection, and that all airboat skippers undergo comprehensive training and hold current Coxswain certificates.