Antonini v SRA (No. 3) [2008] NSWDC 33

New South Wales District Court

CITATION: Antonini v SRA (No. 3) [2008] NSWDC 33 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 3-5 March 2008 EX TEMPORE JUDGMENT DATE : 11 March 2008

JURISDICTION: Civil

JUDGMENT OF: Sidis DCJ

1. Verdict and judgment for the plaintiff in the sum of $122,763.86. DECISION: 2. The defendant is to pay the plaintiff's costs on an indemnity basis in respect of the liability issue, and on an ordinary basis in respect of the quantum issue. 3. The exhibits are returned.

CATCHWORDS: Train accident - Injuries related to accident - Personal and domestic care requirements

LEGISLATION CITED: Motor Accidents Compensation Act 1999 Transport Administration Act 1988

PARTIES: Helen ANTONINI STATE RAIL AUTHORITY

FILE NUMBER(S): Newcastle 376/06

COUNSEL: Plaintiff - C A W Hart Defendant - P Biggins

SOLICITORS: Plaintiff - Bale Boshev Defendant - Gillis Delaney Lawyers

JUDGMENT

1 Mrs Helen Antonini was injured when her left leg was caught in the door of a train as it left Hamilton station late at night on 26 August 2003. She claimed against the defendant that it was negligent in the operation of the train from which she was alighting.

2 Although negligence was denied on the pleadings and an alternative claim of contributory negligence was made, the defendant put to the court no submissions on the issue of liability. Further, it was not contended that there was any contributory negligence. It was clear from the evidence that the doors of the train were closed prematurely in a situation where the plaintiff's presence in the doorway should have been apparent to those operating the train.