Hunt v Roads and Traffic Authority of NSW

The case of Hunt v Roads and Traffic Authority of NSW involved a plaintiff who sustained personal injuries after coming into contact with non-safety glass in rental premises. The defendants in the case were the owner of the premises and the managing agent, both of whom were potentially liable for the plaintiff’s injuries. The plaintiff sought damages for the injuries sustained and the defendants disputed liability and the extent of damages. The court had to determine the liability of both defendants and the extent to which they were responsible for the plaintiff’s injuries.

The legal issues before the court included determining whether the defendants were negligent in using non-safety glass in earlier repairs to the premises and whether such negligence caused the plaintiff’s injuries. The court also had to consider whether the plaintiff had contributed to the injuries and if so, to what extent. The court further had to apportion the liability between the defendants based on the findings of credit. Finally, the court had to assess the damages claimed by the plaintiff.

In its judgment, the court found that both defendants were negligent in using non-safety glass in the earlier repairs to the premises, which led to the plaintiff’s injuries. The court found that the first defendant was 25% responsible for the injuries, while the second defendant was 75% responsible. The court also found that the plaintiff was not contributory negligent. The court awarded damages to the plaintiff in the sum of $843,136, with the defendants to pay the costs of the plaintiff on the ordinary basis unless otherwise ordered. The court further awarded damages to the cross-claimant against the cross-defendant in the sum of $632,352, with the cross-defendant to pay 75% of the cross-claimant’s costs on the cross-claim on the ordinary basis unless otherwise ordered. The court also granted liberty to apply on 7 days notice if further orders were required.