ROADS AND TRAFFIC AUTHORITY v SNAPE, ROADS AND TRAFFIC AUTHORITY v TRIMBAK PTY LTD [1999] NSWCA 47

Procedural Posture

Civil Appeals in Negligence Proceedings Arising From Motor Vehicle Accidents During Roadworks / Appeals From District Court Judgments Entered by Sidis DCJ

Legal Issues

1. 1 ['Whether the finding that the Roads and Traffic Authority was negligent in providing inadequate delineation was open on the pleadings and evidence.' "Whether the trial Judge gave adequate reasons for rejecting parts of the Roads and Traffic Authority's evidence and for finding the warning devices inadequate." "Whether the trial Judge gave adequate reasons for finding causation in Mr Snape's case where there was evidence about headlights from an unidentified oncoming vehicle." 'Whether contributory negligence by Mr Snape arose from failure to see warning devices.' "Whether the award for future general damages in Mr Snape's case was inconsistent with the findings." "Whether the Sanderson costs order requiring the Roads and Traffic Authority to pay the Nominal Defendant's costs was appropriate." "Whether the Roads and Traffic Authority was liable for Trimbak Pty Ltd's accident after warning devices had been scattered in Mr Snape's earlier accident."]

Ratio Decidendi

In Mr Snape's appeal, the challenges to the findings of negligence failed because evidence admitted without objection and the Australian Standard supported the conclusion that the road-edge delineation was inadequate, but the judgment could not stand because the trial Judge made no adequate express or implicit finding explaining causation in light of inconsistent evidence about oncoming headlights; the proper order was a new trial limited to causation, with the negligence and damages issues not reopened. The Sanderson order also miscarried because the Roads and Traffic Authority had not led Mr Snape to join the Nominal Defendant. In Trimbak Pty Ltd's appeal, the appeal failed because...

Court Disposition

Appeal allowed in Snape's case; appeal dismissed in Trimbak Pty Ltd's case.

Orders

• ['Appeal by the Roads and Traffic Authority in matter CA 40521/97 allowed.' 'Set aside the judgment of the District Court in favour of Kenneth George Snape and order that there be a new trial of the action limited to the issue or issues of causation.' 'Costs of the first trial as between the appellant and the first...