A horse trainer who went missing for three days in bushland prompting a large scale search will allege she was pushed in the chest four times, grabbed by the arm and threatened by Taree racing officials on her own property in a case set to be heard in the Newcastle District Court.
Bindi Cheers, who was found following a frantic 72-hour search in freezing conditions after she wandered into scrub near a Newcastle service station last year, has filed a damages case against the Taree-Wingham Racing Club and two of its administrators.
Allegations: Bindi Cheers.Credit:Getty Images
In a statement of claim, Cheers will allege she suffered suicidal thoughts as well as severe depression and anxiety after a confrontation with two of the mid-north coast club's administrators in December 2014.
The claim also alleges the club was negligent in its workplace health and safety regulations to licensed persons, neglecting the state of Taree's running rail and in the fact kangaroos regularly bounded across the track.
Cheers will allege she was the subject of bullying and/or harassment by employees of the Taree club, which included two of them following her to her residential property in an attempt to hand over a letter from the club.
At the time of the confrontation, Cheers' mother and children were at home.
Facts tendered by Cheers' legal representatives, Slater and Gordon Lawyers, claim one Taree official followed Cheers onto her property before using his vehicle to block her from exiting the area, yelling at her, advancing in a menacing manner towards her and threatening that he "would make her life a misery".
Another later arrived at the property and Cheers will allege he physically assaulted her when he grabbed her arm, pushed her in the chest four times, advanced in a menacing manner towards her and threatened she would lose her training licence.
Her lawyers claim she is no longer able to complete all household tasks and provide total care for herself and her children.
She is said to suffer from medication induced bipolar and major depressive disorders which required her to be hospitalised and receive ongoing psychiatric treatment.
Cheers has not trained since going missing after a distressing afternoon at the Hawkesbury races last July where she had a run-in with stewards after one of her horses was a late scratching and another finished last.
A small team of horses is still being prepared by her husband Peter.
The plaintiff will claim she was capable of earning not less than $6000 gross per week as a result of her training business and has lost employer-sponsored entitlements to superannuation.
She has also incurred expenses as a result of her injuries including psychiatric reviews which amount to $5000 per annum and pharmaceutical purchases which top $3000 a year.
"The claim is based on negligence and work health and safety breaches," Slater and Gordon's Ashley Davey said.
Cheers has received ongoing financial support to help with school fees and household bills from Racing NSW, which has provided psychiatric assessment to assess her fitness to work.
The Taree club, which is yet to file a defence, has rejected Cheers' allegations.
"We strenuously deny the allegations and as the matter is before the courts we've left it in the hands of our lawyers," it said in a statement to Fairfax Media.
Victorian trainer Kate Goodrich has also been embroiled in a long-running harassment case against members of the Kilmore club.
Adam Pengilly is a Sports reporter for The Sydney Morning Herald.
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