Commissioner for Main Roads v Stannard Bros Launch Services

The Commissioner for Main Roads (the appellant) appealed to the New South Wales Court of Appeal against a decision of the Supreme Court of New South Wales which had found in favour of Stannard Bros Launch Services (the respondent). The dispute concerned the respondent's claim for damages arising from the appellant's negligent construction of a ferry wharf.

The Court of Appeal was required to determine whether the appellant owed a duty of care to the respondent in relation to the design and construction of the wharf, and if so, whether that duty had been breached. The court also had to consider whether the respondent had suffered foreseeable damage as a result of any such breach.

The Court of Appeal held that the appellant owed a duty of care to the respondent, as a foreseeable user of the wharf, to ensure its safe design and construction. The court found that the appellant had breached this duty by failing to take reasonable steps to prevent the wharf from collapsing under the load of a vessel, which was a foreseeable event. The court applied the principles of negligence established in cases such as *Donoghue v Stevenson*, emphasizing the foreseeability of harm and the proximity of the parties. The court further found that the damage suffered by the respondent was a direct and foreseeable consequence of the appellant's negligence.

The appeal was dismissed, and the Supreme Court's decision in favour of the respondent was upheld.