Delaney v Leighton Interlink Pty Ltd

The appellant, Delaney, brought proceedings against the respondent, Leighton Interlink Pty Ltd, seeking damages for nervous shock following the death of her son. The deceased died when his motorcycle collided with a chain wire fence at a road closure. The trial judge found that the respondent had breached its duty of care by failing to provide adequate warning of the road closure. However, the trial judge also found that this breach of duty was not a contributing cause of the accident. The appeal was heard by Handley, Powell and Heydon JJA.

The central legal issues before the Court of Appeal were whether the trial judge erred in finding that the respondent did not owe a higher duty of care to the deceased, and whether the trial judge erred in concluding that the appellant had failed to discharge the legal burden of proof that adequate warning of the road closure would have prevented the accident. The appellant contended that a higher duty of care should have been imposed on the respondent and that a causal link existed between the breach of this higher duty and the accident.

The Court of Appeal held that the trial judge had not erred in imposing the duty of care that was found. Furthermore, the Court found no error in the trial judge's conclusion that the appellant had failed to prove that adequate warning of the road closure would have prevented the accident. The legal principles applied concerned the assessment of duty of care in negligence and the burden of proof in establishing causation.

The appeal was dismissed, and the cross-appeal was also dismissed. The appellant was ordered to pay the respondent's costs of the appellate proceedings, excluding the costs of the cross-appeal.