The High Court has ruled it has jurisdiction to hear a claim for damages taken against a number of Austrian defendants by the widow of an Irish man who died during a white water rafting accident in Austria.
Ms Clodagh Daly, Ballivor, Co Meath, had brought proceedings against Irish Group Travel Ltd, trading as Crystal Holidays, Pearse Street, Dublin; and a number of Austrian defendants, Mr Trevor Hamer; Rafting-Centre-Taxenback Trevor Hamer Keg; and Ms Christine Hamer.
The Austrian defendants brought a motion challenging the Irish courts' jurisdiction to hear the case against them.
Rejecting that motion yesterday and a reserved judgment, Mr Justice Kearns said the proceedings arose out of an accident in Austria on June 7th, 1999 when Ms Daly's husband, Alan, died during a white river rafting trip. The tragedy occurred during a holiday which Ms Daly had purchased in May 1999 from the first defendant.
On arrival at the Austrian hotel, the Dalys were given a welcome pack containing a brochure entitled "Crystal Holidays Welcome to Austria Zell Am See."
The brochure indicated a white water rafting trip could be purchased by customers who would be looked after by experienced rafters and further introduced Mr Jake Aust and Ms Karin Geerlings as the Irish defendants' representative at the resort.
The judge said the following morning the plaintiffs attended a welcome meeting where Mr Aust and Ms Geerlings, wearing Crystal Holidays uniforms, encouraged holidaymakers to sign up for various trips, including river rafting.
Mr Daly opted to take such a trip, which was to be provided by the Austrian defendants.
Some days later, he and a number of other holiday makers were drowned when the raft in which they were travelling under the guidance of a rafting guide provided by the Austrian defendants failed to complete a landing manoeuvre prior to a weir which it had been intended to by-pass. They were swept over the weir.
Both the guide, Mr Gottfried Eder, and Mr Hamer, the operator, had been convicted of manslaughter in Austria arising out of the incident.
Mr Justice Kearns said the present application was brought on behalf of the Austrian defendants contesting the jurisdiction of the High Court to hear and determine Ms Daly's claim against them.
He said it was undeniable that the same set of facts fell for consideration by any court in dealing with the claims.
There seemed to be a considerable overlap of issues as between the claims against the Irish defendants and the Austrian defendants.
The court of trial ultimately would have to determine whether Mr Aust and Ms Geerlings were acting on behalf of the Irish defendants or the Austrian defendants or both.
He said he had little difficulty in finding that the claims against the respective defendants were so closely connected that it was expedient to hear and determine them together to avoid the risk of irreconcilable judgments arising from separate proceedings in different jurisdictions.