Kennedy v Roads and Traffic Authority of New South Wales

Kennedy was the plaintiff in an action against the Roads and Traffic Authority of New South Wales, the defendant, concerning injuries sustained in a truck rollover. The dispute centred on whether the plaintiff's excessive speed contributed to the rollover and, if so, how that should be reflected in the assessment of damages. The matter was heard in the Court of Appeal of New South Wales.

The primary legal issues before the court were whether the plaintiff's speed was excessive in the circumstances and, if it was, whether that excessive speed was a contributing factor to the rollover. Further, the court was required to determine the appropriate method for assessing damages, specifically how to apply the concept of a "most extreme case" when apportioning responsibility for the plaintiff's injuries.

The Court of Appeal dismissed the plaintiff's appeal. The court found that the plaintiff's speed was indeed excessive and that this excessive speed was a contributing cause of the rollover. In assessing damages, the court applied the principles of contributory negligence, determining that the plaintiff bore a significant responsibility for their injuries due to their speed. The court upheld the primary judge's assessment of damages, which had accounted for the plaintiff's contribution to the incident. The appeal was dismissed with costs.