Iona Sjahadi

• Acted on behalf of an insurer of a trampoline centre where a plaintiff sustained a catastrophic spinal injury and claimed damages of over $8 million AUD (Supreme Court of NSW).
• Acted for a security guard in relation to nervous shock claims made by the family of a deceased patron.  It was alleged that the security guard was negligent whilst restraining the patron, resulting in positional asphyxiation.  The claim for damages was over AU$5 million (Supreme Court of NSW).
• Acted for a local insurer in relation to a complex personal injury claim made in Victoria, by a passenger in a modified rail vehicle.  The plaintiff was injured during the course of his employment and received statutory benefits.  The incident occurred at a rail crossing and involved complex issues of liability, quantum and recovery (County Court of Vic). 
• Successfully defended a complex and highly sensitive claim (plaintiff sought damages in excess of USD$2 million), brought against an international hotel client in Denpasar Court, Bali.
• Acted for a real estate agent in a multiparty claim (17 third parties) relating to misleading and deceptive conduct, possible fraud, and negligent misrepresentation in relation to the sale of a residential property (Supreme Court of Victoria). 
• Acted for a financial firm following a complaint lodged at AFCA where the complainant (the beneficiary of a life insurance policy) claimed $350,000 alleging that the financial firm’s authorised representative misled the holder of the life insurance policy to cancel this insurance policy. Successfully argued the complaint should be dismissed by AFCA.
  

Industry specific experience:

Retail

• Successfully defended an Australian supermarket in a personal injury claim. This particular case is often referred to and cited by the Court: Woolworths v McQuillan [2017] NSWCA 202.
• Provided risk management advice to a national shopping centre client, including contract review.
• Successfully defended a claim for a large retailer arising from use of a faulty gas cannister which exploded, resulting in severe burns to the plaintiff (Supreme Court of NSW).
• Advised and acted on behalf of a large retail client in relation to over 40 claims involving labour hire employees and concurrent recovery proceedings. Claims for damages in each case were in excess of AU$1 million due (NSW).

Hospitality & recreation

• Acted for a security guard in relation to nervous shock claims made by the family of a deceased patron.  It was alleged that the security guard was negligent whilst restraining the patron, resulting in positional asphyxiation.  The claim for damages was over AU$5 million (Supreme Court of NSW).
• Acted for a licenced venue in relation to a claim made by a patron who was “king hit” on premises and suffered a brain injury, claiming damages over AU$1 million.  There were multiple defendants (Supreme Court of NSW).
• Acted for a licenced venue in relation to a claim where a patron was ejected by security guards for fighting in the premises, and he was subsequently assaulted outside the venue.  There were multiple defendants.  He sustained serious injuries to his back and head (Supreme Court of NSW).
• Defended a claim against a large convention centre where the plaintiff alleged (while at a work conference), he fell down unlit stairs, resulting in a complex hip fracture with resultant psychiatric impairments. There was a concurrent workers’ compensation claim brought in another State, and damages claimed were in excess of AU$2 million.  The case was successfully defended (Supreme Court of ACT).
• Acted on behalf of an insurer of a trampoline centre where a plaintiff sustained a catastrophic spinal injury and claimed damages of over $8 million AUD (Supreme Court of NSW).
• Acted for a recreational horse-riding business in defence of a claim involving a minor who fell off a horse and sustained a traumatic brain injury (Supreme Court of NSW).
• Advised a hotel client in relation to disclaimers and risk warnings.
• Acted in defence of a recovery claim against the manager of a large convention centre in Melbourne, Victoria, where it was alleged that the floor of the convention centre was significantly damaged by water following an ice hockey game.

CTP

• Acted for a local insurer in relation to a complex personal injury claim made in Victoria, by a passenger in a modified rail vehicle. The plaintiff was injured during the course of his employment and received statutory benefits.  The incident occurred at a rail crossing and involved complex issues of liability, quantum and recovery (County Court of Vic).
• Successfully defended a claim against a local CTP insurer in relation to a claim made by a minor who sustained a severe brain injury and amputation as a result of alleged negligence of the driver (Supreme Court of NSW).
• Acted for a local insurer in relation to a claim involving three children who were all passengers in a vehicle when they sustained serious life threatening injuries, including brain injuries, amputations and spinal injuries. There were eight associated nervous shock claims (Supreme Court of NSW).

Hotel & short stay

• Successfully defended a complex and highly sensitive claim (plaintiff sought damages in excess of USD$2 million), brought against an international hotel client in Denpasar Court, Bali.
• Acted on behalf of a short stay accommodation provider in relation to personal injury claims in Thailand, Saipan and Indonesia.
• Advised a short stay accommodation provider with respect to a fraudulent claim involving property damage and theft (Victoria).
• Acted for a hotel client in both civil and criminal proceedings related to a food poisoning event (NSW).
• Acted on behalf of a hotel in a litigated slip and fall case brought in French Polynesia.
• Investigated and prepared risk management advice with respect to a fatality of a child at a New Zealand hotel.
• Acted for a hotel client in relation to numerous intentional tort claims arising in Fiji.

Real Estate

• Successfully defended a claim made by a tenant against a real estate agent in Victoria, for injuries sustained at a residential premises: McKenzie v Charles Stewart & Company Proprietary Limited (trading as Colac Rental Management) [2024] VCC 429.
• Acted for a real estate agent in Supreme Court proceedings brought by a tenant in Canberra, ACT, in relation to an alleged electrocution injury resulting in a traumatic brain injury.
• Successfully defended a claim brought by a tenant against a real estate agent in relation to a trip and fall injury sustained within the property. The claim was successful against the owner but failed against the agent due to the robust defence (Victoria).
• Acted for a real estate agent in a multiparty claim (17 third parties) relating to misleading and deceptive conduct, possible fraud, and negligent misrepresentation in relation to the sale of a AU$3 million property (Supreme Court of Victoria).

Financial Planners

• Acted for a financial firm in an AFCA complaint where the complainant sought over $50,000 on the basis that the representative conducted five unauthorised share trades on behalf of the complainants’ SMSF and failed to deliver the agreed services under the service agreement. Successfully argued the losses caused were minimal leading to a minimal award for the complainants of $1,000.
• Acted for a financial firm in an AFCA complaint where the complainant claimed $40,000 after she was advised by the financial firm’s authorised representative to roll over her superannuation funds to a new fund, where she suffered significant losses.  Successfully argued the financial firm had not breached the duty it owed to the complainant, and found in favour of the financial firm.
• Acted for a financial firm following a complaint lodged at AFCA where the complainant (the beneficiary of a life insurance policy), claimed $350,000 alleging that the financial firm’s authorised representative misled the holder of the life insurance policy to cancel this insurance policy. Successfully argued the complaint should be dismissed by AFCA.

Construction

• Acted for a head contractor on a building site in relation to a claim made by a worker onsite who sustained serious spinal injuries following fall down a penetration/hole onsite. The plaintiff had a concurrent workers’ compensation claim and claimed damages over AU$3 million (Supreme Court of NSW).
• Acted for a scaffolding company in a multi-party litigated personal injury claim. The plaintiff was a worker onsite who sustained a head injury (Supreme Court of ACT).
• Acted for a certifier in a multi-party claim brought by homeowners who alleged there was a negligent issuing of a Bush Fire Assessment Certificate (Supreme Court of NSW).

Mining

• Acted for a large mining company in relation to a catastrophic accident onsite, including advice in relation to various contractual and insurance issues and defending the nervous shock/compensation to relatives actions (Supreme Court of NSW).

Recoveries

• Advised a large retail client in relation to an indemnity dispute where the workers’ compensation insurer sought to recover over $500,000 pursuant to s151Z Workers’ Compensation Act in circumstances where a third-party claim was not made by the injured worker and there was a significant liability dispute (NSW).
• Acted in a subrogated recovery action to recover stolen funds from an ex-employee of a real estate agent, including obtaining judgment against her for repayment of the debt (NSW).

Insurance coverage

• Advised underwriters on contamination exclusions in the policy, in response to a negligence and breach of contract claim made by the owner of a property against the insured real estate agent, arising from the tenant allegedly polluting the owners’ land by allowing the storage of asbestos. The clean up was estimated at AU$3 million (Victoria).

While Iona is a strong litigator and negotiator, clients appreciate her commercial mindset and balanced approach to the management of claims and disputes.