Refrigerated Roadways Pty Ltd v RTA of NSW

Refrigerated Roadways Pty Ltd, the plaintiff, sought compensation against the Roads and Traffic Authority of New South Wales (RTA), the defendant, after one of their employees was killed by an object dropped from an overbridge onto a freeway. The case was heard and determined by the Supreme Court of New South Wales. The legal issues included whether the RTA owed a duty of care to the plaintiff's employee to prevent harm from objects dropped from the overbridge, whether such a duty extended to injuries caused by the criminal conduct of third parties, and if the RTA breached that duty. The court also considered whether the RTA could be held liable under statutory defences and whether the plaintiff was entitled to interest on the damages awarded, as well as the appropriate rate, and costs.

The court found that the RTA owed a duty of care to freeway users to prevent harm from objects dropped from overbridges. It rejected the argument that the duty did not extend to harm caused by third parties, as the foreseeability of harm was sufficient to establish the duty. The court held that the RTA breached this duty by failing to fence or screen the overbridge. The statutory defences were also rejected as the RTA did not have actual knowledge of the particular risk, and the allocation of resources did not absolve them of their duty. The court awarded damages to the plaintiff, including interest at the bank rate and costs. The plaintiff was also entitled to indemnity from the RTA for workers compensation benefits paid to the widow and children of the deceased employee.