Major update after family torn apart by Blue Mountains landslide

EXCLUSIVE

A family ripped apart by a landslide in the Blue Mountains is now suing the state of NSW, court documents have revealed.

Nine-year-old Zain and his 49-year-old father, Mebraab, were killed by falling rocks while the family of five were on a bushwalk on the Wentworth Pass Track in April 2022.

Mum Ana, 50, was also hit by the rocks and left in critical condition, with fourteen-year-old Zahran also injured.

Fifteen-year-old Avan was left uninjured, but she was treated for shock after making the desperate triple-0 call to police.

“I don’t know where we are,” she reportedly told emergency services.

The family was from the UK and holidaying in Australia at the time. The UK grandparents flew to Sydney to be by Avan’s side while her family members recovered in hospital.

Now, the Nazir family has commenced legal proceedings against the state of NSW, suing on the basis that it had “care and control” of the Blue Mountains National Park through NSW National Parks and Wildlife Service.

The case was in the NSW Supreme Court this week as the Nazir family’s solicitor fought for access to vital documents related to the incident.

Zahran and Anastasia are suing on the basis of personal injury, while Avan is suing due to “mental harm”.

The Nazir was given access to “all documents held by NSW Police relating to the incident and subsequent investigation arising out of the accident” after the state agreed to release them.

However, they were denied access to a geotechnical report called the Wentworth Pass Geotechnical Investigation Report because the report was made in consultation with legal representatives for NSW and, therefore, protected under client-lawyer privilege.

The case is set to centre around whether the track should have been open after recent heavy rain.

The court heard that three days after the incident, NSW Premier Dominic Perrottet said he would be “seeking advice” as to whether the track should have stayed open to patrons.

The court also heard how a statement from the Premier’s office was given to the press on the same day, saying that the area was closed to the public until further notice “and a ‘comprehensive review’ would be undertaken”.

Mr Nazir was a partner at international law firm Watson Farley & Williams, based in Singapore.

The law firm said it was devastated to lose a valued team member.

“It is with the greatest sadness that we must confirm that our dear friend and colleague Mehraab Nazir, a partner in our Singapore office, tragically lost his life in a landslide in Australia earlier this week alongside his young son,” a spokesman said.

“We will be remembering and honouring Mehraab; however, with the surviving members of the family in serious conditions or in shock, we ask that you respect their privacy and grief at this incredibly difficult time.”

Mr Nazir was part of the Zoroastrian faith, an ancient Persian religion with 500 members in Australia.