The operator of Ingenia Holidays Rivershore Resort on the Sunshine Coast is facing Supreme Court proceedings after a guest rode into a chain he alleges was poorly lit at night, was thrown from his bicycle and sustained a life-changing spinal cord injury.

Ingenia Holidays Rivershore forms part of the national portfolio of S&P/ASX 200-listed Ingenia Communities, a leading owner and operator of land lease communities and holiday parks with more than 1,200 employees and 96 communities and development sites across Australia.^[1]

The proceedings were brought by Buderim couple Christopher and Ambre Perry, who are seeking damages for the impact on Mr Perry and their family following an incident at the Diddillibah resort on 14 June 2024 during a family stay. 

The Statement of Claim alleges Mr Perry was cycling to collect firewood when he struck the chain, which had been installed to prevent vehicles from accessing a grassed area. It alleges the resort relied on just four five-lumen solar fence lights, attached to two of the three bollards, to make the chain visible at night, despite product instructions warning the lights were not intended for use during winter.

The Perrys allege that a reasonable resort operator would have removed the chain and used a removable bollard or clearly visible gate or ensured that the area was illuminated by reliable lighting that did not depend on solar power.

The Statement of Claim alleges Mr Perry suffered a traumatic cervical spinal cord injury and incomplete tetraplegia, leaving him with limited motor and sensory function, reduced strength and ongoing pain. Previously highly active and independent, he is allegedly unable to return to work and now relies on NDIS-funded assistance to participate in family life and continue his therapy program.

The 41-year-old Buderim father-of-two and former competitive Australian rules footballer said the incident had changed every aspect of his life, and he hoped speaking publicly would encourage holiday resort operators to take night-time hazards seriously.

“Everything has been completely flipped on its head since the injury,” Mr Perry said.

“Before it happened, I was always on the go. I worked full-time, trained twice a week and played competitive football on Friday nights. I’d surf before the kids went to school, climb Mount Coolum on weekends and spend every weekend at the kids’ sport.

“I still rely heavily on NDIS-funded support six days a week to help me with daily activities, personal care, therapy and getting out into the community, including being able to attend my kids’ sports and activities and stay involved in their lives.”

Mr Perry’s wife, Ambre, who has supported him throughout his recovery, recalled being told immediately after the incident how serious his prognosis was. 

“I was initially told Chris had less than a one per cent chance of walking again and, because of the high level of his injury, there was a possibility he could require breathing support for the rest of his life,” Mrs Perry said.

“He has fought incredibly hard through countless hours of rehabilitation and while he is now able to walk short distances, he still uses a wheelchair for longer journeys.”

Mr Perry said he hoped something positive could come from sharing his experience.

“Safety shouldn’t only be looked at after somebody gets hurt. I hope sharing my story prompts operators to look closely at how guests move around their facilities after dark and address potential hazards before another family’s life is changed forever.

“I’m incredibly grateful for the support I receive through the NDIS, from Wishlist and from organisations like LSKD, whose message about becoming one per cent better every day has stayed with me throughout my recovery. My focus now is on continuing to become more independent and showing up more for my family.”

The Supreme Court claim alleges negligence, breach of contract and breaches of statutory guarantees under the Australian Consumer Law. It alleges the resort operator failed to exercise reasonable care, provide its services with due care and skill, and ensure its facilities were reasonably fit for purpose by leaving the chain in place, rather than replacing it with a clearly visible barrier or adequately illuminating it at night.

The Perrys’ personal injury lawyer, Travis Schultz OAM, Managing Principal of Travis Schultz & Partners, said the proceeding raised broader questions about the legal obligations and risk-management systems of accommodation providers.

“While this matter is before the Court, I can’t comment on the specific evidence. From a broader legal perspective, however, accommodation providers are bound by the Australian Consumer Law and required to comply with its statutory consumer guarantees,” Mr Schultz said.

“Australian consumers have some of the strongest consumer protections in the world. Businesses are obliged to provide services with due care and skill and ensure they are reasonably fit for their stated purpose. As a general rule, businesses cannot contract out of those legal obligations.

“Whether those obligations were met in this case will ultimately be a matter for the Court to determine, but the Australian Consumer Law reflects a fundamental principle: consumer safety is at least as important as corporate profit.”

The Claim and Statement of Claim were filed in the Brisbane Registry of the Supreme Court of Queensland on 24 June 2026. Ingenia filed its Notice of Intention to Defend, Defence and Counterclaim on 22 July 2026. It does not dispute that the incident occurred but denies liability, relies on a release and indemnity clause in its guest agreement and has counterclaimed against Mr and Mrs Perry. The Perrys filed their Reply on 31 August 2026, disputing Ingenia’s allegations and denying that it is entitled to the relief sought in its Counterclaim. The competing claims and allegations have not been determined by the Court.

^[1] Ingenia Communities, “Asset Sales Update”, ASX announcement, 2 September 2026: ASX Announcements and Reports. Ingenia Communities, “People and Culture”: www.ingeniacommunities.com.au/people-and-culture