Roads and Traffic Authority v Jacques

The Roads and Traffic Authority (RTA) appealed to the New South Wales Court of Appeal against a decision of the District Court concerning a motor vehicle accident. The primary dispute involved the trial judge's findings on contributory negligence and the sufficiency of the reasons provided for the assessment of damages awarded to the respondent, Mr Jacques.

The Court of Appeal was required to determine whether the trial judge's finding of 20% contributory negligence on the part of Mr Jacques was so clearly wrong as to warrant appellate intervention. Furthermore, the court had to consider whether the trial judge's reasons for the assessment of damages were adequate, particularly in relation to past and future economic loss.

The Court of Appeal found that the trial judge's reasons for apportioning 20% contributory negligence were insufficient and lacked adequate explanation. Similarly, the reasons for the assessment of damages, especially concerning economic loss, were found to be inadequate. The court concluded that the trial judge had erred in law in these respects, necessitating a remittal of the matter.

Consequently, the appeal was allowed with costs. The judgment in favour of the respondent was varied to exclude the order for the appellant to pay the respondent's costs. The action was remitted to the District Court for a reassessment of Mr Jacques' past and future economic loss, with his total damages to be determined based on this reassessment, along with the previously assessed amounts for general damages, out-of-pocket expenses, future medical expenses, and interest.