Urban Transit Authority of NSW v Hammond

The Urban Transit Authority of NSW (UTA) appealed to the New South Wales Court of Appeal against a judgment of the District Court of New South Wales, which had awarded damages to Mr. Hammond for personal injuries sustained in an incident involving a bus operated by the UTA. The core of the dispute concerned whether the UTA was liable for the injuries Mr. Hammond suffered when he fell from a moving bus.

The Court of Appeal was required to determine whether the UTA, through its employee the bus driver, owed a duty of care to Mr. Hammond, and if so, whether that duty had been breached. Specifically, the court had to consider whether the driver's actions or omissions, in allowing Mr. Hammond to alight from the bus while it was in motion, constituted negligence that caused or contributed to Mr. Hammond's injuries.

The Court of Appeal found that the driver had a duty to take reasonable care for the safety of passengers, including ensuring they alighted from the bus in a safe manner. The court held that the driver's conduct in allowing Mr. Hammond to alight from a moving bus, particularly given the circumstances, fell below the standard of care expected of a reasonable bus driver. This failure to exercise reasonable care was deemed to be the cause of Mr. Hammond's injuries. The appeal was therefore dismissed.