Author: R. Mitchell
35th Annual Convention 2008 of the New South Wales Section of the Permanent Way Institution October 31, 2008. Convention Journal, October 31, 2008
Abstract
The traditional railway world has changed. Those of us engaged with operating railways, have survived by
working with the changes in various roles, with different and changed organisations, and in operating
environments that have changed significantly.
One significant, and little talked about aspect of this change emerges when things go wrong and damage or
loss occurs. In this situation the spotlight can be turned on the permanent way practitioner to be involved in
determining the cause, a reasonable repair and recovery process, and the amount of loss occasioned. This
will then be used to determine the damages that one party can claim of another, with regard to relevant
commercial contracts, and common law. Where there are differences between the reports of experts in
relation to causation, loss and damages, settling damage claims can involve protracted legal processes
which can lead to a court trial.
In circumstances where significant losses have occurred, the permanent way practitioner can be exposed
when providing evidence and opinion which can be debated and challenged. Where court proceedings are
involved, judgements can be published for all to read. These judgements can and do contain the court’s
assessment of a witnesses’ honesty, reliability and credibility. Many would be surprised at what can be
written, and prospective witnesses would be better prepared by doing some research in this area.
It should be noted that in this paper I am not suggesting that a person, who becomes involved in matters
relating to investigations and court proceedings, should try to emulate or model my approach or style as
indicated in this paper. My intention is to record my experiences and thoughts to assist such a person to be
better equipped to act appropriately in a way that accords with their personality.
I can advise that at the time of writing this paper, I believe I have no such matters in the process of being
investigated, argued, mediated, arbitrated or judged. Not withstanding the relief provided by that recent
circumstance, I, from some experience, am aware that seemingly closed matters can unexpectedly restart
and develop into a full on dispute with parties equipped with experts and lawyers “at ten paces”, and that
new incidents resulting in my involvement can arise at any time.
