Chol v Sydney Trains [2022] NSWSC 1266

Supreme Court New South Wales

Medium Neutral Citation: Chol v Sydney Trains [2022] NSWSC 1266 Hearing dates: 27, 28, 29 and 30 June 2022 Date of orders: 21 September 2022 Decision date: 21 September 2022 Jurisdiction: Common Law Before: Cavanagh J Decision: (1) Judgment for the plaintiff in the sum of $1,179,368.53. (2) Subject to any party wishing to make an application to vary any costs order, the defendant is to pay the plaintiff's costs. Catchwords: NEGLIGENCE — transport accident — passenger attempting to board train while doors closing — breach — whether defendant's employees acted in accordance with system in place to ensure safety of passengers NEGLIGENCE — defences — contributory negligence — whether plaintiff was intoxicated at the time of the accident NEGLIGENCE — damages — personal injury damages — gratuitous attendant care services — whether commercial attendant care services will be availed Legislation Cited: Law Reform (Miscellaneous Provisions) Act 1965 (NSW) Motor Accidents Compensation Act 1999 (NSW) Transport Administration Act 1988 (NSW) Civil Liability Act 2002 (NSW) Cases Cited: Boral Bricks Pty Ltd v Cosmidis (No 2) (2014) 86 NSWLR 393; [2014] NSWCA 139 State Rail Authority of NSW v Schadel [2001] NSWCA 394 White v Benjamin [2015] NSWCA 75; (2015) 70 MVR 188 Tapp v Australian Bushmen's Campdraft & Rodeo Association Limited (2022) 96 ALJR 337; [2022] HCA 11 Category: Principal judgment Parties: Aluk Majok Chol (Plaintiff) Sydney Trains (Defendant) Representation: Counsel: J Catsanos SC with S Roulstone (Plaintiff) P O'Dowd (Defendant)