The groom who hired a wedding coach that crashed in the Hunter Valley in 2023, killing 10 people, is suing the bus company for alleged deceitful conduct.
Mitchell Gaffney booked the 57-seat Linq Buslines coach ahead of his wedding in June 2023.
He paid $1,330.56 for the coach to take wedding guests to and from his winery wedding.
His family and friends were picked up by driver Brett Andrew Button to be taken home to Singleton, but the bus never arrived at its destination.
Button was at the wheel when the bus flipped at a roundabout at Greta, killing 10 people and injuring 25.
Ten people were killed in the Hunter Valley bus crash at Greta in 2023. (ABC Newcastle: Romy Stephens)
In 2024 in the Newcastle District Court, Button, who was dependent on opioids, was sentenced to a maximum 32 years in jail.
Sentencing judge Roy Ellis said in his 50 years in the justice system he had "never dealt with a case that contained anywhere near the devastation".
In the civil action filed in the NSW District Court, Mr Gaffney is expected to allege Linq Buslines falsely represented itself.
In Australia, a bus company has a strict legal duty to ensure its drivers are medically and physically fit to drive.
NSW Premier Chris Minns lays flowers with Mitchell Gaffney and Maddy Edsell in 2023 to pay tribute to those who died in the crash. (Supplied: NSW Government)
Deceit and damage alleged
During sentencing proceedings, Button accepted he was impaired by the opioid tramadol that night.
Mr Gaffney's case is expected to hinge on whether false representations were made.
In a separate action, Linq Buslines pleaded guilty to heavy vehicle safety breaches.
Bus driver Brett Button is serving a maximum 32 years in prison. (ABC Newcastle: Bridget Murphy)
In August, the company was fined $650,000 after pleading guilty to failing in its duty of care by recruiting a driver who put the community at risk.
Linq Buslines admitted to recruiting Button after he had been stood down from a previous employer for opioid dependency, posing a significant risk.
The company argued Button had been medically cleared by his doctor.
Linq Buslines is no longer trading after bus contracts were not renewed and its accreditation was terminated in March.
Court date set
Until it shut its doors, the company's online profile said the family-owned business had provided professional, personal and efficient transport services for 24 years.
Mr Gaffney alleges he was deceived by the service offered, alleging he suffered damages by relying on those representations.
A directions hearing is listed for October 23.
The ABC has contacted the Sydney law firm representing Linq Buslines.
Mitchell Gaffney is seeking damages from Linq Buslines for alleged deceitful conduct, causing harm. (ABC Newcastle: Romy Stephens)