INXS guitarist Tim Farriss must wait until the end of the year to discover the judgment in the legal case over his severed finger.

He was involved in a boating accident in 2015, suffering what he described as a “career-ending injury” when mooring equipment failed at a marina in Sydney, Australia. The case, which concluded yesterday, is being heard by Justice Richard Cavanagh of the Supreme Court of New South Wales. If Farriss wins, he could be in line to more than the $1.2 million.

Farriss’ lawyer, Adrian Williams, said the musician had been put in an “awful position” when lack of mooring space in the busy marina left him no choice but to rely on anchoring gear that Williams claimed was “obviously misaligned.” As a result, Farriss’ hand became trapped under a chain. “What he has lost is more than a finger,” the barrister said (via The Guardian). “He’s lost the ability for his vocation as a performing guitarist . … Unsurprisingly, that’s had the effect of depressing him … all for the expense of a small amount of piping and a small amount of machinery.”

Defense representative John Turnball accepted that the anchoring system, which had no chain guard, was dangerous, but noted that reasonable care would have prevented any injury. “I’ve likened it to a toaster – your toast gets caught in the toaster,” he said. “You can’t just stick a knife in there; you’ve got to turn it off.”

A key element in the argument was Farriss’ assertion that INXS would probably have toured six times since the accident, a claim that would affect any figure toward damages. Turnbull countered that none of the guitarist’s bandmates had provided statements supporting his position. “It’s the evidence you don’t have that rings loudest,” he said, adding: “Where are they?”

Cavanagh said he’d make his decision based on the evidence and not speculation. He’s expected to deliver his judgment in November or December.

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