Landon v Ferguson

This case concerned a claim by Ms Ferguson, a train guard, who was injured while on duty. The dispute centred on whether her injury was caused by or arose out of the use of public transport, as defined by legislation. The court was required to determine the relationship between provisions of the *Workers Compensation Act 1987* (NSW) and the *Motor Accidents Compensation Act 1999* (NSW), and specifically the meaning of "caused by or arising out of" the use of public transport under section 121 of the *Transport Administration Act 1988* (NSW).

The court reasoned that the phrase "caused by or arising out of" should be interpreted broadly and practically, encompassing not only accidents occurring during the direct conveyance of passengers but also those incidental to the operation of public transport. Applying this principle, the court considered whether Ms Ferguson's accident, which occurred while the train was being driven to the rail yards for cleaning after passengers had disembarked, was a consequence of the train's use as public transport. The court found that driving the train for cleaning purposes was incidental to its use as public transport and that the accident was not a remote consequence of such use.

Consequently, the court upheld the application for leave to appeal but dismissed the appeal, ordering that the appellant pay the costs.