Rita and George Chaina have endured 15 years of heartbreak.
Their 15-year-old son Nathan died in the most tragic of circumstances, drowning on a school camp in October 1999 as his horrified brother looked on.
Now the Chaina family has been dealt a fresh blow, having been ordered to pay $8 million in legal costs — a sum that eclipses the payout they received in relation to Nathan’s death, as the Sydney Morning Herald reports.
The order is the latest development in a sad and sometimes strange 12-year legal battle, over the course of which the Chaina family rejected several offers of settlement.
The tragic event
Nathan Chaina, a year 10 student at the prestigious Scots College in Sydney, drowned when he fell into a flooded river at Kangaroo Valley. Nathan had been trying to cross the water on a school hiking trip at the school’s Glengarry campus at the time.
His distraught brother Matthew, 14 at the time, had to be restrained from jumping into the river after him.
A 2011 coronial inquest found the school liable for the boy’s death, saying it had ignored weather reports and failed to train the boys to deal with extreme conditions.
The Chainas launched a legal battle with Scots College in 2002, suing the school and the Presbyterian Church — which owns Scots — for damages for nervous shock.
Top Comments
Scots College should hang their heads in shame.
Why? They made several very generous settlement offers for what was clearly a dreadful accident (you know, accidents, those things that no one intends to happen?) and the parents got fixated and now it's bitten them back. The loss of a child would turn anyone wild with grief, but this seems to have turned into fixation... and in the end, for what? To punish the school? To... bring the child back? The judge made some very sound points...
Try reading the casenotes, it gives you a much more rounded picture: http://casenotes.curwoods.i.... It makes for quite edifying reading (pre-existing mental health conditions of both parents, the 30 litigation cases the family were involved in prior to the loss of their son and the 38 litigation cases they were involved in afterwards which suggested that the parents mental health wasn't completely destroyed as they had previously suggested, the true value of their companies and projected income ... ) There's more to consider in this than just a tabloid perspective, you know.
Before making any judgments, the decision of the Judge should be read. It's difficult to get a full understanding of cases by reading a short media summary. Having said that, there is no doubt the family received legal advice along the way and it was probably to settle. My clients would often say "but it's not about the money, it's about the principle". Principles can cost alot.