Prouse v State Rail Authority of NSW [2002] NSWSC 487

New South Wales Supreme Court

CITATION : Prouse v State Rail Authority of NSW [2002] NSWSC 487 CURRENT JURISDICTION: Common Law FILE NUMBER(S) : SC 20881/94 HEARING DATE(S) : 22-24, 26, 29-30 April & 2 May 2002 JUDGMENT DATE : 3 June 2002

PARTIES : Plaintiff: Jason Scott Prouse Defendant: State Rail Authority of NSW JUDGMENT OF : Newman AJ at 1

COUNSEL : Plaintiff: R.S. McIlwaine SC / G.F. Grinter Defendant: C. O'Connor / M. Polin SOLICITORS : Plaintiff: Priority Legal Services Defendant: Gillis Delaney Brown CATCHWORDS : Negligence - Breach of contract - onus of proof - unreliabililty of witnesses DECISION : para 59

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

NEWMAN AJ

Monday, 3 June 2002

20881/94 PROUSE v STATE RAIL AUTHORITY OF NSW

JUDGMENT 1 HIS HONOUR: At about 10.30pm on 15 November 1991 a train operated by the defendant known by a service number N192 departed the Newcastle railway station. Approximately 500 metres west of Newcastle station another train known by service number N187 was stopped at a signal known as No. 5 signal. 2 N187 was stopped so that N192 could clear Newcastle station, N187 was then was to enter the station at the place where N192 had departed. As N192 was passing by N187 the plaintiff, who was in the path of N192, was struck by that train suffering severe injuries. Principal amongst those injuries was the severing of the plaintiff's left arm and leg. 3 Consequently, the plaintiff commenced action against the defendant seeking damages for personal injury as a consequence of the accident. 4 The plaintiff has pleaded his cause of action in both negligence and contract. In his third amended statement of claim the plaintiff alleges that the defendant was negligent in that it:-