State of New South Wales v Fuller-Lyons

The appeal concerned a negligence claim brought by the respondent against the appellant, the State of New South Wales, after the respondent was injured in a fall from a moving train operated by the appellant. The central dispute revolved around whether there was sufficient evidence to establish that the respondent's body was protruding significantly from the train doors when the train departed the station. The appeal was heard by McColl and Macfarlan JJA and Sackville AJA.

The primary legal issues before the court were whether the primary judge erred in concluding that the respondent's body was protruding from the train, whether the primary judge's acceptance of the evidence of the respondent's brothers was glaringly improbable or otherwise flawed, and whether the appellant was denied procedural fairness due to the late formulation of the case against it.

The Court of Appeal allowed the appeal, finding that the primary judge's acceptance of the evidence was flawed. The court determined that the inferences drawn by the primary judge were not the only reasonable inferences available and that the evidence did not support an affirmative conclusion that the respondent's body was protruding significantly from the train when it left the station. Consequently, the court set aside the orders made at first instance and entered judgment for the appellant on the respondent's claim, ordering the respondent to pay the appellant's costs.