Hannah v Ansett Transport Industries Ltd

Hannah, the appellant, brought proceedings against Ansett Transport Industries Ltd, the respondent, in the Supreme Court of New South Wales, Court of Appeal. The dispute concerned the respondent's liability for injuries sustained by the appellant, a passenger, when she fell from a moving bus operated by the respondent. The appellant alleged negligence on the part of the respondent.

The Court of Appeal was required to determine whether the respondent had breached its duty of care to the appellant, and if so, whether that breach caused the appellant's injuries. Specifically, the court considered whether the respondent had taken reasonable steps to ensure the safety of its passengers, particularly in relation to the operation of the bus doors and the risk of passengers falling out while the vehicle was in motion.

The Court of Appeal found that the respondent had breached its duty of care. The court reasoned that it was foreseeable that a passenger might fall from a moving bus if the doors were not adequately secured or if the bus was driven in a manner that created an undue risk of such an event. The court applied the principles of negligence, including the foreseeability of harm and the standard of care expected of a common carrier towards its passengers. The court concluded that the respondent had failed to meet this standard, and that this failure caused the appellant's injuries.

The appeal was allowed, and the judgment of the trial court was set aside. The Court of Appeal entered judgment for the appellant and remitted the matter to the trial court for the assessment of damages.