Grills v Leighton Contractors Pty Ltd (No 2)

The case of Grills v Leighton Contractors Pty Ltd (No 2) involved a plaintiff who suffered injuries in an accident on the Eastern Distributor in Melbourne. The plaintiff was injured when a boomgate, which had been lowered to allow a police motorcade to pass, came into contact with his vehicle. The plaintiff alleged that the accident was due to the negligence of the defendants, who were responsible for the operation and maintenance of the boomgate. The case was heard in the Supreme Court of Victoria.

The primary legal issues for the court to determine were whether the defendants had breached their duty of care to the plaintiff, whether the plaintiff's speed was excessive, and whether the plaintiff had contributed to the accident. The court also had to consider the Motor Accidents Compensation Act 1999 and the apportionment of damages, including non-economic loss, past and future economic loss, and future medical expenses. Additionally, the court needed to address the defendants' unpleaded defence of contributory negligence.

The court found that the defendants had breached their duty of care by failing to properly maintain and operate the boomgate. The court held that the defendants had not provided clear instructions to lower the boomgate, which led to the accident. The court also found that the plaintiff's speed was not excessive and that he had not contributed to the accident. The court rejected the defendants' unpleaded defence of contributory negligence. The court awarded the plaintiff damages for his injuries, including non-economic loss, past and future economic loss, future medical expenses, domestic assistance, past care, future care, future therapy, driving aids and equipment.

The court ordered that the defendants pay the plaintiff's damages, with the apportionment of liability between the parties to be determined in a subsequent proceeding. The court also ordered that the defendants pay the plaintiff's legal costs. The case highlights the importance of proper maintenance and operation of road infrastructure, as well as the need for clear instructions and communication in such situations.