Still Coming To Terms With Previous Tragedy

Illawarra Mercury

Monday July 30, 2007

By MICHELLE HOCTOR

NOWRA man Andrew Timbs is no stranger to tragedy.

The critical wounding of his partner of five years, Nicole Milller, follows the tragic death of his father Gordon.

Gordon Timbs was killed on July 29, 1998, after a 30m tree crashed through the roof of the family's south Nowra home during a wind storm.

The tragedy led to a protracted, seven-year legal battle that resulted in Shoalhaven City Council being found liable.

Mr Timbs, 48, was asleep in bed when large sections of his home struck him at 6.20am, killing him instantly.

Wife Carlene was visiting her dying sister in Newcastle at the time while his sons Damien and Andrew were not home.

Mrs Timbs later sued the council for a breach in its duty of care, seeking $750,000 in damages and loss of financial support.

At a NSW District Court hearing in November, 2002, it was revealed Mr Timbs had been asking Shoalhaven City Council to remove the tree, one of seven gums that stood 10m from the family home, since July 1996, fearing someone would be seriously hurt.

It was not until after Mr Timbs' death that a council officer finally permitted removal of the trees.

In April 2003, the family was further shattered when the court found in the council's favour and ordered that Mrs Timbs, who worked part-time and lived in rented accommodation, pay court costs.

Outside the court, Mrs Timbs' lawyer said the case was lost on a technicality and his client now faced the burden of substantial court costs on top of losing her husband and home.

Victory arrived for the family in April 2004 when the NSW Court of Appeal found the council had breached its duty of care and awarded Mrs Timbs $750,000.

"This is Gordo's day today because this is recognition for what he had been fighting for," she said.

The council's insurer appealed the decision, but the High Court ruled in March 2005 that Mrs Timbs could keep the compensation awarded to her, ending years of legal wrangling.

Two years later, Mrs Timbs and her sons have faced a new crisis with the critical injuring of Ms Miller, 22, following an alleged rock attack at Bombo a week ago.

Andrew Timbs, 26, paid tribute to his mother, whom he said had remained strong in the face of another crisis.

"Mum has had to be a strong person to go through what she has gone through," he said.

"She is up here every day at the hospital, providing her support. We have a strong family and we have always sticked together."

© 2007 Illawarra Mercury

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