Roads and Maritime Services v Grant [2015] NSWCA 138

Roads and Maritime Services v Grant [2015] NSWCA 138

The appeal was allowed because the respondent did not prove on the balance of probabilities that his motorcycle first struck the median nose; the evidence did not establish that the appellant breached its duty of care by failing to install a "Keep Left" sign; the respondent did not prove that the absence of such a...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
21 May 2015
Procedural Posture
Torts Negligence Appeal / Appeal From Supreme Court of New South Wales, Common Law Division Judgment in Grant V Roads and Traffic Authority of NSW [2014] NSWSC 379
Outcome
Appeal allowed; judgment for Roads and Maritime Services.
Legal Topics
['breach of Duty of Care' 'causation' 'road Authority Liability' 'special Statutory Powers' 'civil Liability Act 2002 (nsw), S 43 A' 'expert Opinion Evidence' 'australian Standard as 1742.2 (1994)']
['torts' 'negligence' 'civil Liability' 'public Authorities' 'evidence'] ['breach of Duty of Care' 'causation' 'road Authority Liability' 'special Statutory Powers' 'civil Liability Act 2002 (nsw), S 43 A' 'expert Opinion Evidence' 'australian Standard as 1742.2 (1994)']

Source-derived case record

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Procedural Posture

Torts Negligence Appeal / Appeal From Supreme Court of New South Wales, Common Law Division Judgment in Grant V Roads and Traffic Authority of NSW [2014] NSWSC 379

Legal Issues

  1. 1 ["Whether the respondent's motorcycle came into contact with the nose of the median strip before colliding with the pedestrian barrier." 'Whether the appellant breached its duty of care by failing to install a "Keep Left" sign on or near the median nose.' 'Whether the absence of a "Keep Left" sign caused the respondent\'s injuries within the meaning of s 5D of the Civil Liability Act 2002 (NSW).' 'Whether the appellant was protected by the qualified immunity in s 43A of the Civil Liability Act 2002 (NSW) for failure to exercise a special statutory power.']

Ratio Decidendi

The appeal was allowed because the respondent did not prove on the balance of probabilities that his motorcycle first struck the median nose; the evidence did not establish that the appellant breached its duty of care by failing to install a "Keep Left" sign; the respondent did not prove that the absence of such a sign was a necessary condition of the accident; and, in any event, the omission involved a failure to exercise a special statutory power and did not satisfy the high unreasonableness threshold in s 43A(3) of the Civil Liability Act 2002 (NSW).

Court Disposition

Appeal allowed; judgment for Roads and Maritime Services.

Orders

  • ['Allow the appeal and set aside the judgment in the Common Law Division, including the orders made on 17 April 2014 as varied on 19 May 2014.' 'Give judgment for the Roads and Maritime Services.' "Order that the plaintiff pay the defendant's costs of the trial." "Order that the respondent pay the appellant's costs...