Westbus Pty Ltd (Administrators Appointed) v Ishak

The appeal in *Westbus Pty Ltd (Administrators Appointed) v Ishak* concerned a bus passenger who slipped and fell on a banana in the aisle of a bus. The passenger brought proceedings against the bus company, alleging negligence. The primary issue was whether the bus company had failed to take reasonable care for the safety of its passengers.

The court was required to determine whether the evidence established that the bus company had breached its duty of care to the plaintiff. Specifically, the court had to consider when and how the banana came to be in the aisle of the bus and whether the bus company's actions or omissions in relation to its presence constituted a failure to take reasonable care.

The court found that the evidence did not establish a breach of duty. It reasoned that while it was possible for the banana to have been on the floor for a period, there was no evidence to suggest how long it had been there or how it came to be there. The court concluded that the inferences available from the evidence were of equal probability, meaning it was not possible to conclude, on the balance of probabilities, that the bus company had failed to take reasonable care.

Consequently, the appeal was allowed. The verdict and judgment in favour of the plaintiff were set aside, and judgment was entered for the defendant. The plaintiff was ordered to pay the defendant's costs at trial and the defendant's costs of the appeal.