Roads and Traffic Authority of NSW v Jackson [2003] NSWCA 40

Roads and Traffic Authority of NSW v Jackson [2003] NSWCA 40

The risk that a pedestrian would step over the lower guard rail, move into the bushland, and fall was so far fetched and fanciful as not to be reasonably foreseeable. No concealed trap or hazard was created by the change in guard rail height; thus, no duty was owed to guard against such a risk and the Authority was not liable.

Jurisdiction
Australia
Judgment Date
05 March 2003
Procedural Posture
Appeal / Judgment After Application for Leave to Appeal And, If Granted, to Appeal
Outcome
Appeal allowed
Legal Topics
['negligence' 'duty of Care' 'liability of Highway Authority' 'reasonable Foreseeability' 'hidden Hazard or Trap']
['tort Law'] ['negligence' 'duty of Care' 'liability of Highway Authority' 'reasonable Foreseeability' 'hidden Hazard or Trap']

Case Brief

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Procedural Posture

Appeal / Judgment After Application for Leave to Appeal And, If Granted, to Appeal

Legal Issues

  1. 1 ['Whether the Roads and Traffic Authority owed a duty of care to the opponent for the risk of injury sustained after stepping over a low guard rail and falling' 'Whether the risk was reasonably foreseeable or too far fetched or fanciful' 'Whether the change in height of the guard rail constituted a concealed hazard or trap']

Ratio Decidendi

The risk that a pedestrian would step over the lower guard rail, move into the bushland, and fall was so far fetched and fanciful as not to be reasonably foreseeable. No concealed trap or hazard was created by the change in guard rail height; thus, no duty was owed to guard against such a risk and the Authority was not liable.

Court Disposition

Appeal allowed

Orders

  • ['Extend time to file ordinary Summons for Leave to Appeal.' 'Grant leave to appeal on the undertaking of the claimant to file a Notice of Appeal.' 'Appeal allowed with costs.' 'Verdict and judgment of Coorey DCJ of 4 March 2002 set aside and in substitution thereof order that there be a verdict for the defendant...