Roads and Traffic Authority of NSW v Chandler

The appeal concerned a negligence claim brought by Mr Chandler against the Roads and Traffic Authority of NSW. Mr Chandler suffered injuries when he fell into an uncovered duct while walking on a median strip. The primary judge in the District Court of New South Wales found the Authority liable and awarded damages. The Authority appealed this decision to the Court of Appeal of New South Wales.

The Court of Appeal was required to determine whether the primary judge erred in finding that the Authority owed a duty of care to Mr Chandler, a pedestrian using the median strip. It also had to consider whether the Authority breached that duty, and if so, whether the primary judge correctly assessed future economic loss under section 13 of the Civil Liability Act 2002 (NSW), particularly in determining Mr Chandler's "most likely future circumstances".

The Court of Appeal reasoned that the primary judge had made an undisclosed error in assessing the likelihood of the risk eventuating and the seriousness of the consequences. While acknowledging the Authority's duty to maintain roads, the Court found that the purpose of a median strip was not for pedestrian use, and therefore, the Authority did not owe a duty of care to a pedestrian walking on it. Furthermore, the Court held that the evidence did not support a finding that the Authority had breached any duty it might have owed, as the risk of a pedestrian falling into such a duct was not sufficiently foreseeable or serious to warrant the extensive and costly measures suggested. The Court also found that the primary judge had erred in assessing future economic loss.

Consequently, the Court of Appeal allowed the appeal, set aside the judgment in favour of Mr Chandler, and entered judgment for the Roads and Traffic Authority. Mr Chandler was ordered to pay the Authority's costs of the trial and the appeal.