Johnston v Commissioner for Railways

Johnston (the plaintiff) brought an action against the Commissioner for Railways (the defendant) in the High Court of Australia, seeking damages for personal injuries sustained when a train, on which the plaintiff was a passenger, derailed. The plaintiff alleged that the derailment was caused by the negligence of the defendant in the maintenance and operation of the railway line and the train.

The central legal issue before the High Court was whether the defendant had discharged its duty of care to the plaintiff, a passenger, by taking all reasonable precautions to prevent the derailment. This involved determining the standard of care required of a railway authority in maintaining its tracks and rolling stock, and whether the defendant's actions or omissions fell below that standard. The court also considered the question of causation, namely whether any breach of duty by the defendant was the cause of the plaintiff's injuries.

The High Court, in a joint judgment, found that the defendant had failed to discharge its duty of care. The court reasoned that the evidence established that the derailment was caused by a failure in the permanent way, specifically a worn and defective rail. The defendant had a system of inspection, but the court concluded that this system was inadequate and that the defect should have been discovered and rectified before the accident occurred. The principles applied centred on the common law duty of care owed by a carrier to its passengers, requiring the highest degree of vigilance and care to ensure their safety, and the application of the 'but for' test for causation. The court held that the defendant's negligence was the direct cause of the plaintiff's injuries.