(1) Roads and Traffic Authority v Ryan & 2 Ors (2) Blue Mountains City Council v Ryan & 2 Ors [2002] NSWCA 91

(1) Roads and Traffic Authority v Ryan & 2 Ors (2) Blue Mountains City Council v Ryan & 2 Ors [2002] NSWCA 91

The RTA's and Council's failure to clear vegetation by one metre from the kerb did not cause the collision because it would have given Mr Pledge only about one additional second to see Nadia, and the evidence indicated that he was then already looking ahead and to his right rather than to his left. The Council's failure to erect a warning or speed sign was not shown to be causative because Mr Pledge was familiar with the area and already knew particular care was required. The provision of 90 degree parking was not shown to be negligent on the evidence and, in any event, the ordinary traffic movement that distracted Mr Pledge would not establish causation. Accordingly the findings of...

Jurisdiction
Australia
Judgment Date
10 April 2002
Procedural Posture
Negligence Motor Vehicle Accident Pedestrian Injured in Collision Liability Amongst Tortfeasors / Appeals and Cross Appeal From the Supreme Court of New South Wales, Common Law Division, Judgment of Dunford J
Outcome
Appeals upheld; judgments against the RTA and the Council set aside; judgment ordered in favour of the RTA and the Council against Nadia; cross-claim orders set aside and cross-claims dismissed; cross-appeals fell away; costs orders stood pending final decision on costs.
Legal Topics
['causation' 'public Authority Liability' 'road Design and Maintenance' 'contributory Negligence' 'contribution Between Tortfeasors' 'motor Accidents Act Damages']
['torts' 'negligence' 'motor Accidents' 'civil Procedure'] ['causation' 'public Authority Liability' 'road Design and Maintenance' 'contributory Negligence' 'contribution Between Tortfeasors' 'motor Accidents Act Damages']

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Procedural Posture

Negligence Motor Vehicle Accident Pedestrian Injured in Collision Liability Amongst Tortfeasors / Appeals and Cross Appeal From the Supreme Court of New South Wales, Common Law Division, Judgment of Dunford J

Legal Issues

  1. 1 ['Whether the Roads and Traffic Authority and the Blue Mountains City Council were negligent in relation to vegetation on the nature strip and whether any such negligence caused or contributed to the collision.' 'Whether the Blue Mountains City Council was negligent in failing to erect a warning sign or speed-limiting notice and whether that failure caused or contributed to the collision.' 'Whether the Blue Mountains City Council was negligent in providing 90 degree angle parking bays and whether that design caused or contributed to the collision.' "Whether the trial judge's contribution orders between tortfeasors should stand where Mr Pledge's liability was under the Motor Accidents Act 1988 and the RTA and Council were liable at common law."]

Ratio Decidendi

The RTA's and Council's failure to clear vegetation by one metre from the kerb did not cause the collision because it would have given Mr Pledge only about one additional second to see Nadia, and the evidence indicated that he was then already looking ahead and to his right rather than to his left. The Council's failure to erect a warning or speed sign was not shown to be causative because Mr Pledge was familiar with the area and already knew particular care was required. The provision of 90 degree parking was not shown to be negligent on the evidence and, in any event, the ordinary traffic movement that distracted Mr Pledge would not establish causation. Accordingly the findings of...

Court Disposition

Appeals upheld; judgments against the RTA and the Council set aside; judgment ordered in favour of the RTA and the Council against Nadia; cross-claim orders set aside and cross-claims dismissed; cross-appeals fell away; costs orders stood pending final decision on costs.

Orders

  • ['The appeals are upheld.' 'The judgment in favour of Nadia against the RTA and the Council for $3,712,500 is set aside.' 'Judgment is ordered in favour of the RTA and the Council against Nadia.' 'The orders made in regard to the cross-claims are set aside.' 'Each of the cross-claims is dismissed and judgment is...