Landon v Ferguson [2005] NSWCA 395

Landon v Ferguson [2005] NSWCA 395

Section 121 of the Transport Administration Act 1988 (NSW) is not confined to persons being conveyed as passengers, nor to accidents occurring only while members of the public are actually being conveyed. The driving of the passenger train from the place where passengers disembarked to the rail yards for cleaning was incidental to its use as public transport, and Ms Ferguson's accident was a non-remote consequence of that use. Her claim was therefore governed by Chapter 5 of the Motor Accidents Compensation Act 1999 (NSW), not the workers compensation damages provisions.

Jurisdiction
Australia
Judgment Date
23 November 2005
Procedural Posture
Application for Leave to Appeal and Appeal Concerning Whether a Damages Claim for Injury to a Worker on a Passenger Train Was Governed by Workers Compensation Legislation or Chapter 5 of the Motor Accidents Compensation Act 1999 (nsw) / New South Wales Court of Appeal From a District Court Decision of Ashford DCJ
Outcome
Application for leave to appeal upheld; appeal dismissed with costs.
Legal Topics
['relationship Between S 151 E of the Workers Compensation Act 1987 (nsw) and Chapter 5 of the Motor Accidents Compensation Act 1999 (nsw)' 'meaning of "caused by or Arising Out Of" a Public Transport Accident Under S 121 of the Transport Administration Act 1988 (nsw)' 'injury to Employee Train Guard on Passenger Train']
['insurance' 'workers Compensation' 'motor Accidents' 'statutory Interpretation' 'public Transport'] ['relationship Between S 151 E of the Workers Compensation Act 1987 (nsw) and Chapter 5 of the Motor Accidents Compensation Act 1999 (nsw)' 'meaning of "caused by or Arising Out Of" a Public Transport Accident Under S 121 of the Transport Administration Act 1988 (nsw)' 'injury to Employee Train Guard on Passenger Train']

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Procedural Posture

Application for Leave to Appeal and Appeal Concerning Whether a Damages Claim for Injury to a Worker on a Passenger Train Was Governed by Workers Compensation Legislation or Chapter 5 of the Motor Accidents Compensation Act 1999 (nsw) / New South Wales Court of Appeal From a District Court Decision of Ashford DCJ

Legal Issues

  1. 1 ["Whether Ms Ferguson's damages claim was governed by the workers compensation statutory regime or by Chapter 5 of the Motor Accidents Compensation Act 1999 (NSW)." "Whether Ms Ferguson's injury was caused by or arose out of a public transport accident within s 121 of the Transport Administration Act 1988 (NSW)." 'Whether s 121 applies only where the injured person was personally using the form of transport as public transport.' 'Whether s 121 applies only where, at the time of injury, the means of transport was being used to convey passengers.']

Ratio Decidendi

Section 121 of the Transport Administration Act 1988 (NSW) is not confined to persons being conveyed as passengers, nor to accidents occurring only while members of the public are actually being conveyed. The driving of the passenger train from the place where passengers disembarked to the rail yards for cleaning was incidental to its use as public transport, and Ms Ferguson's accident was a non-remote consequence of that use. Her claim was therefore governed by Chapter 5 of the Motor Accidents Compensation Act 1999 (NSW), not the workers compensation damages provisions.

Court Disposition

Application for leave to appeal upheld; appeal dismissed with costs.

Orders

  • ['Application for leave to appeal upheld.' 'Appeal dismissed with costs.']