Court of Appeal
Supreme Court
New South Wales
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Medium Neutral Citation: Roads and Maritime Services v Grant [2015] NSWCA 138 Hearing dates: 23 and 24 March 2015 Date of orders: 21 May 2015 Decision date: 21 May 2015 Before: McColl JA at [1];
Basten JA at [11];
Emmett JA at [60]Decision: (1)Allow the appeal and set aside the judgment in the Common Law Division, including the orders made on 17 April 2014 as varied on 19 May 2014.
(2)In place thereof,
(a) give judgment for the Roads and Maritime Services.
(b) order that the plaintiff pay the defendant’s costs of the trial.(3)Order that the respondent pay the appellant’s costs in this Court.
(4)Grant the respondent a certificate under the Suitors’ Fund Act 1951 (NSW).Catchwords: TORTS – negligence – breach of duty of care – respondent suffered catastrophic injuries when he crashed his motorcycle on a median strip – whether the installation of a “Keep Left” sign at the recommencement of a median strip after an intersection was required by the relevant Australian Standard – whether the appellant’s failure to install such a sign was a breach of its duty of care to road users such as the respondent motorcyclist
TORTS – negligence – causation – whether, had a “Keep Left” sign been installed, the respondent’s motorcycle would not have come into contact with the nose of the median strip
TORTS – negligence – public and other authorities – whether the appellant was immune from statutory liability in the exercise of a special statutory power – Civil Liability Act 2002 (NSW), s 43ALegislation Cited: Civil Liability Act 2002 (NSW), ss 5B, 5D, 5E, 16, 17, 41, 42, 43A, 44
Civil Procedure Act 2005 (NSW), s 56
Evidence Act 1995 (NSW), ss 76, 79
Roads Act 1993 (NSW), ss 87, 114, 115, Dictionary
Transport Administration Act 1988 (NSW), Pt 6
Uniform Civil Procedure Rules 2005 (NSW), r 14.7Cases Cited: Carr v Baker (1936) 36 SR (NSW) 301
Curtis v Harden Shire Council [2014] NSWCA 314; 203 LGERA 352
Dasreef Pty Ltd v Hawchar [2011] HCA 21; 243 CLR 588
HG v The Queen [1999] HCA 2; 197 CLR 414
Jones v Dunkel [1959] HCA 8; 101 CLR 298
Makita (Australia) Pty Ltd v Sprowles [2001] NSWCA 305; 52 NSWLR 705
Nemeth v Westfield Shopping Centre Co Management Pty Ltd [2013] NSWCA 298
Ocean Marine Mutual Insurance Association (Europe) OV v Jetopay Pty Ltd [2000] FCA 1463; 120 FCR 146Texts Cited: Australian Standard AS 1742.2 (1994) – Manual on Uniform Traffic Control Devices Category: Principal judgment Parties: Roads and Maritime Services (Appellant)
Mitchell Grant (Respondent)Representation: Counsel:
Solicitors:
Mr R Cavanagh SC with Mr C Callaway (Appellant)
Mr D Campbell SC with Mr F Tuscano (Respondent)
Henry Davis York (Appellant)
Leitch Hasson & Dent (Respondent)
File Number(s): 2014/120694 Publication restriction: Nil Decision under appeal
- Court or tribunal:
- Supreme Court of New South Wales
- Jurisdiction:
- Common Law Division
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- Roads and Maritime Services v Grant [2015] NSWCA 138
- Case
- [2015] NSWCA 138
- Decision Date
CaseChat Overview and Summary
The court was required to determine two primary legal issues. Firstly, whether the RMS's failure to install a "Keep Left" sign at the recommencement of the median strip was a breach of its duty of care, specifically in relation to whether such an installation was mandated by the relevant Australian Standard. Secondly, the court had to consider the issue of causation, namely whether, had a "Keep Left" sign been present, the respondent's motorcycle would not have come into contact with the nose of the median strip. The court also considered whether the RMS was immune from statutory liability under section 43A of the *Civil Liability Act 2002* (NSW) in the exercise of its special statutory power.
The Court of Appeal allowed the appeal, setting aside the judgment of the Common Law Division. The court found that the RMS had not breached its duty of care. The reasoning focused on the interpretation of the relevant Australian Standard, concluding that it did not require the installation of a "Keep Left" sign in the circumstances of this case. Consequently, the court determined that the failure to install the sign was not negligent. Furthermore, the court found that even if there had been a breach, causation had not been established, as it was not proven that the absence of the sign caused the accident. The court also found that the immunity provisions of section 43A of the *Civil Liability Act 2002* (NSW) were not applicable in this instance. The final orders included judgment for the Roads and Maritime Services, with the plaintiff ordered to pay the defendant's costs of the trial and the respondent ordered to pay the appellant's costs in the Court of Appeal.
Orders
Orders of the court
(1)Allow the appeal and set aside the judgment in the Common Law Division, including the orders made on 17 April 2014 as varied on 19 May 2014.
(2)In place thereof,
(a) give judgment for the Roads and Maritime Services.
(b) order that the plaintiff pay the defendant’s costs of the trial.
(3)Order that the respondent pay the appellant’s costs in this Court.
(4)Grant the respondent a certificate under the Suitors’ Fund Act 1951 (NSW).
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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