but there is no need to doubt his statement that he never saw the Ferris Wheel.
I see it differently: He said that he never saw the ferris wheel, which is hard to accept, as he is reported as doing a flyby/touch and go before the accident pass. If the pilot could do a flyby/touch and go, and not be aware that the ferris wheel was there at all, that's negligent. Once aware that there is a hazard in the departure path, it's up to the pilot to be flying so as to be situatationally aware of it all the time. Best to be seeing it the whole time, but if not, having a really effective awareness as to where not to fly.
Sure, you can get the nose really high, and lose some visibility, particularly on the other side. It's up to the pilot to either determine that is manageable, or not attempt the operation. I've certainly had to land in the water, knowing there was a water hazard, which I would not be able to see (right side of the plane) as I went by. It's up to me to effectively "picture" where it is, and not hit it. 'Same thing with obstructions.
In many European countries it is custom, even if not legally required, to give them a phone call in advance and inquire about the runway condition and whatever else one should know.
I can't speak for Australia, but in Canada, there are hundreds of aerodromes, where "there's the runway, and no "X"s, so decide for yourself", no local information nor Notams would be available. Hence a very wise flyby first, perhaps a couple of flybys to be sure. There have been many times I've run a mainwheel along a runway, before deciding to land.
So I think we should concede the same to the expert psychologists/psychiatrists who examined the young lady and came to the joint conclusion that she was severely traumatised by the accident. To the point, that now, ten years later and in her twenties, she is "unemployable".
Hmmm... Maybe, I guess we have to keep an open mind... But speaking as a person who was ejected through the windshield, into the water, by my student, woke up four days later, and then spent three months in hospital, I immediately decided for myself, and was vigorously mentored, to get over it and get on with my life, I did. I understand that not everyone can do that, but through the process, I realized that money would not make my life better, making my life return would, and it did. Suing someone was never in my mind, getting better was. I wish the same for the victim of any accident, and understand it's more difficult for some than others. Support helps...