Yarrabee Coal Co Pty Ltd v Lujans

The appeal in *Yarrabee Coal Co Pty Ltd v Lujans* concerned a motor vehicle accident on an unsealed road controlled by the appellants, Yarrabee Coal Co Pty Ltd. The respondent, Lujans, was driving on this road, which was also used as a haul road for coal trucks. Lujans' vehicle moved onto the shoulder of the road, approaching a guide post. The shoulder contained loose material, and upon correcting his steering, Lujans lost control, causing his vehicle to go off the road and resulting in his injury.

The central legal issues before the court were whether the road surface was deceptive, specifically regarding the boundary between the shoulder and the hard running surface, due to a lack of uniformity in colour. If the road surface was found to be deceptive, the court also had to determine whether this deceptiveness was proven to be the cause of the accident. The court was required to consider the evidence, including photographs, and potentially depart from the trial judge's findings, applying the principle that an inference of greater probability than other available inferences must be drawn.

The Court of Appeal allowed the appeal, setting aside the judgment for the respondent and entering judgment for the appellants. The court found that the respondent had not proven that the road surface was deceptive in a way that caused the accident. The appellants were ordered to pay the respondent's costs of the trial and the rehearing of the appeal, with the respondent to have a certificate under the Suitors Fund Act in respect of the rehearing if qualified. Further directions were given regarding the costs of a previous appeal to the High Court and the respondent's eligibility for a certificate under the Suitors Fund Act for that appeal.