(1) Roads and Traffic Authority v Ryan & 2 Ors (2) Blue Mountains City Council v Ryan & 2 Ors

The Supreme Court of New South Wales Court of Appeal considered appeals by the Roads and Traffic Authority and the Blue Mountains City Council against a judgment in favour of the respondent, Mr Ryan, who had suffered injuries when struck by a motor vehicle. The primary dispute concerned the apportionment of liability between the various parties involved in the accident, including the driver of the vehicle and the appellant authorities.

The Court was required to determine whether the appellant authorities owed a duty of care to Mr Ryan, and if so, whether they had breached that duty. Further, the Court had to consider the extent to which any breach by the authorities contributed to Mr Ryan's injuries, and how liability should be apportioned between the authorities and the driver of the motor vehicle, who had also been found liable. The question of whether the authorities' alleged negligence was causative of Mr Ryan's injuries was central to the appeals.

The Court analysed the principles of negligence, particularly in the context of road design and maintenance, and the duty owed by public authorities. It examined the foreseeability of the risk of harm to pedestrians and the reasonableness of the steps taken, or not taken, by the authorities to mitigate such risks. The Court applied established legal principles regarding causation, considering both factual causation and the remoteness of the damage. The apportionment of liability was determined by assessing the relative degrees of fault of each party in contributing to the accident and the resulting injuries.

The Court ultimately upheld in part the appeals, varying the apportionment of liability determined at first instance. The specific orders regarding the quantum of damages and the final apportionment of liability are detailed in paragraphs 80 to 83 of the judgment.