The family of a young girl who was killed when she was flung from a ride at the Royal Adelaide Show will receive no compensation because the operators of the ride have no ability to pay.
Adelene Leong, who was on holiday from Malaysia, died when the eight-year-old was thrown from the Airmaxx 360 ride in 2014 as her horrified mother looked on.
A serious design fault and day-to-day failings with the operation of a ride contributed to her death, the South Australian Industrial Court has ruled.
The company that operated the ride, C, J & Sons Amusements Pty Ltd, and one of its directors, Jenny-Lee Sullivan, were convicted over breaches to safety laws on Thursday but escaped big fines because of their precarious financial position.
Industrial Magistrate Michael Ardlie said, with debts of more than $1 million, there was no way they could pay fines so he could not make orders forcing them to do so.
Had they been able to pay he would have fined the company $94,500 and Ms Sullivan $63,000.
He said he would also have awarded the girl's family the maximum $20,000 in compensation.
"As a result of the incident the defendants have been financially ruined," Mr Ardlie said.
The magistrate said the operators of the ride did not behave in a reckless or intentional manner, had a high regard for safety, had pleaded guilty and had suffered severe psychological trauma.
But he said their lack of due diligence could not be excused and their suffering "pales into insignificance" compared that of the dead girl's mother.
© AAP 2017 Photo credit: AAP Image/South Australia Police