Urban Transport Authority v De Sousa

The Urban Transport Authority (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. De Sousa for injuries he sustained when he fell from a bus operated by the UTA. The central dispute concerned whether the UTA had breached its duty of care to Mr. De Sousa.

The Court of Appeal was required to determine whether the UTA, as the operator of the bus, owed a duty of care to Mr. De Sousa, a passenger, and if so, whether that duty had been breached. Specifically, the court considered whether the UTA had taken reasonable precautions to prevent the injury suffered by Mr. De Sousa, who had fallen as a result of the bus suddenly accelerating while he was standing.

The Court of Appeal found that the UTA owed a duty of care to its passengers, including Mr. De Sousa, to take reasonable steps to ensure their safety. The court reasoned that it was foreseeable that a passenger might be standing in the bus and that a sudden acceleration could cause them to fall. Given this foreseeability, the UTA ought to have implemented measures such as providing adequate handrails or other support structures, or ensuring that passengers were warned of the potential for sudden movements. The court concluded that the UTA had failed to take such reasonable precautions, and therefore had breached its duty of care.

The appeal was dismissed, and the judgment of the District Court in favour of Mr. De Sousa was upheld.