Roads and Traffic Authority v McGregor

The Roads and Traffic Authority (RTA) appealed a decision of the District Court of New South Wales, which had found the RTA liable for personal injuries sustained by Mr McGregor. Mr McGregor had suffered injuries when his motorcycle struck a damaged section of pavement. The RTA contended that the danger posed by the damaged pavement was obvious in daylight, suggesting Mr McGregor should have seen it.

The primary legal issues before the Court of Appeal were whether the RTA had breached its duty of care to Mr McGregor, and if so, whether Mr McGregor had contributed to his own injuries through contributory negligence. The court was also required to consider the application of section 15(3) of the *Civil Liability Act 2002* (NSW) in determining the apportionment of liability.

The Court of Appeal found that while the damaged pavement presented a hazard, its visibility was significantly reduced at the time of the incident due to the prevailing conditions, which differed from daylight. The court determined that the RTA had breached its duty of care by failing to adequately warn of or repair the defect. However, the court also found that Mr McGregor had been contributorily negligent, as he had not been exercising sufficient care in navigating the road. The court applied section 15(3) of the *Civil Liability Act 2002* (NSW) to apportion liability between the parties.

The appeal was allowed in part, with the original verdict and judgment set aside. A new judgment was entered against the RTA for $178,941. Mr McGregor's cross-appeal was also allowed in part, with a judgment entered against him in the same sum. The apportionment of damages determined at trial was confirmed. The parties were to make submissions regarding costs.