Giggle Glitter is a popular performer and huge crowds of people attend his concerts. Crushing is a risk as his concerts. To manage the risk, the organisers have set up safety gates and have security officers to manage the crowd. The organisers use gates designed for crowd control at concerts (called HiWall). The protocol states that if the crowd passes a safety gate then Giggle Glitter must pause the performance and calm the crowd. If this does not work then the organisers will turn the power off to stop the music.

On Friday night the crowd is enjoying the first big concert since the COVID-19 lockdown restrictions ended. Thousands of people are in the crowd. Unfortunately, the crowd surges towards the stage and knocks over 8 security gates. The organisers communicate via an earpiece to Giggle Glitter to pause the performance. Giggle is having too much fun and ignores the request. The organisers do not turn off the power either. The crowd continues to surge and 25 people are injured. Witnesses noticed that the gates fell quickly as the crowd surged. Investigations reveal that 1 gate is not strong enough to withstand even 5 people leaning on it, and would never be able to resist hundreds of people.

Bowie is one of the people hurt in the surge. She goes to hospital and cannot work in her job for 8 weeks. Bowie worries because she will miss out on $20,000 in wages. Bowie was intoxicated while at the concert, but she does not think that would have made a difference to her injuries.

Advise Bowie. Is she likely to be successful in bringing an action in negligence against Giggle Glitter, the organisers or HiWall?