Correy Fuller-Lyons by his tutor Nita Lyons v. State of New South Wales

Lower Court Judgment

9/12/2014 Supreme Court of New South Wales (Court of Appeal) (McColl JA, Macfarlan JA & Sackville AJA )

[2014] NSWCA 424

Catchwords

Torts - Negligence – Where the appellant was injured after falling from a moving train which was operated by the respondent – Where the trial judge found that the appellant had fallen from the doors of the train as a consequence of the respondent?s negligence – Where the Court of Appeal reversed this finding based on the possibility of other hypothetical occurrences – Whether the Court of Appeal was entitled reject the findings of the trial judge based on these other possibilities.

Short Particulars