Urban Transit Authority of NSW v Tabaja

The Urban Transit Authority of NSW (UTA) appealed to the New South Wales Court of Appeal against a judgment of the District Court awarding damages to Mr. Tabaja for personal injuries sustained when he fell from a moving bus. Mr. Tabaja had boarded the bus and, while standing in the aisle, was thrown to the ground when the bus braked suddenly. He alleged negligence on the part of the UTA, its driver, and its employees.

The Court of Appeal was required to determine whether the trial judge erred in finding the UTA negligent. Specifically, the court considered whether the driver's actions in braking suddenly constituted a breach of duty of care owed to Mr. Tabaja, and whether this breach caused Mr. Tabaja's injuries. The court also had to assess whether Mr. Tabaja's own conduct contributed to his fall, and if so, to what extent.

The Court of Appeal found that the trial judge had correctly applied the principles of negligence. It was held that the driver's sudden braking, without adequate warning or consideration for standing passengers, was negligent. The court reasoned that a reasonable driver would have anticipated the possibility of passengers standing and would have taken steps to avoid sudden braking. The court also found that Mr. Tabaja's decision to stand in the aisle, while not ideal, did not amount to contributory negligence in the circumstances, as he was a fare-paying passenger and there was no indication that he was behaving recklessly.

The appeal was dismissed, and the judgment of the District Court in favour of Mr. Tabaja was affirmed.