King v Rail Corp NSW [2013] NSWSC 241

Supreme Court New South Wales

Medium Neutral Citation: King v Rail Corp NSW [2013] NSWSC 241 Hearing dates: 31 July 2012, 1 August 2012, 16 & 17 October 2012 Decision date: 12 April 2013 Jurisdiction: Common Law Before: Davies J Decision: (1) Judgment for the Plaintiff in the sum of $650,000. (2) The Defendant is to pay the Plaintiff's costs. Catchwords: NEGLIGENCE - railway accident - Plaintiff falls onto railway line from platform at night - whether driver had time to stop train - perception of object on line - emergency brakes not applied until driver later perceives object as human being - whether breach of duty in so acting - whether instructions and guidelines to drivers adequate - Plaintiff's intoxication - impact on liability - contributory negligence Legislation Cited: Civil Liability Act 2002 Transport Administration Act 1988 Cases Cited: Mobbs v Kain [2009] NSWCA 301 Public Transport Commission (NSW) v Perry [1977] HCA 32; (1977) 137 CLR 107 Thomas William Vale v Timothy David Eggins [2006] NSWCA 348 Category: Principal judgment Parties: Shane John King (Plaintiff) Rail Corporation New South Wales (Defendant) Representation: Counsel: B Toomey QC (31 July & 1 August 2012), K Rewell SC (16 & 17 October 2012) & S Longhurst (Plaintiff) P Morris SC & G Antipas (Defendant) Solicitors: RMB Lawyers (Plaintiff) DLA Piper (Defendant) File Number(s): 2009/297952