Batistatos v Roads & Traffic Authority NSW and Newcastle City Council

The High Court of Australia considered an appeal by the plaintiff, Mr Batistatos, against the Roads and Traffic Authority of New South Wales and Newcastle City Council. The dispute concerned the plaintiff's claim for damages arising from injuries sustained when his vehicle collided with a concrete median strip on a road managed by the defendants. The plaintiff alleged negligence on the part of the defendants in the design, construction, and maintenance of the median strip.

The central legal issue before the High Court was whether the defendants owed a duty of care to the plaintiff in relation to the design and construction of the median strip, and if so, whether they breached that duty. Specifically, the court had to determine whether the median strip, as constructed, presented an unreasonable risk of harm to road users, and whether the defendants had taken reasonable steps to mitigate such risks. The court also considered the application of the principles of statutory immunity and the scope of the duty of care owed by public authorities in relation to road infrastructure.

The High Court, in a joint judgment, affirmed the principles established in *Dederer* and *Gavalas*, holding that public authorities owe a duty of care to road users to take reasonable steps to avoid foreseeable risks of injury. The court found that the median strip, as designed and constructed, did not present an unreasonable risk of harm that the defendants ought to have foreseen and prevented. The court reasoned that the median strip served a legitimate traffic management purpose and that the plaintiff's accident was not a foreseeable consequence of its design or construction, but rather a result of his own driving. The court also noted that the defendants had acted within their statutory powers and had not been negligent in the exercise of their functions.

The High Court dismissed the plaintiff's appeal, upholding the decision of the New South Wales Court of Appeal.