Ryan v Workers Compensation Nominal Insurer

[2020] NSWCA 38

Court of Appeal

Supreme Court

New South Wales

• Summary available

Medium Neutral Citation:

Ryan v Workers Compensation Nominal Insurer [2020] NSWCA 38

Hearing dates:

28 February 2020

Decision date:

11 March 2020

Before:

Leeming JA;
Payne JA;
White JA.

Decision:

1. Appeal allowed.

 

2. Set aside the orders made on 13 August 2019, and in lieu thereof, order that the proceedings be dismissed, with costs.

 3. Respondent to pay the appellant’s costs of the appeal.

Catchwords:

TORTS – negligence – motor vehicle accidents – recovery proceeding by workers compensation nominal insurer – worker drove into stationary oversize truck while latter stopped at intersection – trailer protruded from right turning lane into worker’s through lane – whether truck driver breached duty by failing to advance into intersection beyond unbroken stop-line – whether truck driver breached duty by failing to activate hazard lights – whether failure to activate hazard lights caused collision – appeal allowed and judgment entered for truck driver

Legislation Cited:

Civil Liability Act 2002 (NSW), ss 5B, 5D, 5E
District Court Act 1973 (NSW), s 127
Road Rules 2008, rr 56, 146, 311
Workers Compensation Act 1987 (NSW), s 151Z

Cases Cited:

Kollas v Scurrah [2008] NSWCA 17
Verryt v Schoupp [2015] NSWCA 128

Category:

Principal judgment

Parties:

Stephen Patrick Ryan (Appellant)   
Workers Compensation Nominal Insurer (Respondent)

Representation:

Counsel:
K Rewell SC (Appellant)
W Fitzsimmons SC (Respondent)

  Solicitors:
McInnes Wilson Lawyers NSW (Appellant)
Stiles Lawyers (Respondent)

File Number(s):

2019/221432

Publication restriction:

Nil

 Decision under appeal 

Court or tribunal:

District Court of New South Wales

Jurisdiction:

Civil

Date of Decision:

13 August 2019

Before:

Curtis ADCJ

File Number(s):

2018/00093520

Judgment

1. LEEMING JA: The appellant, Mr Stephen Patrick Ryan, was an experienced truck driver. Just before 6:00 am on 30 June 2011, while at traffic lights in a right turning lane on the Princes Highway near Loftus waiting to turn into Farnell Ave towards Bundeena, Mr Ryan’s articulated vehicle was struck in the rear by a Holden Commodore station wagon driven by Mr Bradley Stahlhut. Mr Stahlhut was driving in the through lane adjacent to the right-turning lane. It was accepted that at the time of the collision, Mr Ryan’s trailer protruded into the through lane, and Mr Stahlhut’s vehicle was wholly in his own lane.

2. Mr Stahlhut was travelling to work. He suffered serious injuries, and continues to receive workers compensation. His vehicle struck that of another driver, travelling in the kerbside lane, who had been overtaken by Mr Stahlhut shortly before the collision, and that other driver and his wife (Mr and Mrs McMaster) also suffered milder injuries. The couple and another driver (Mr Schofield) who had been travelling slightly ahead and saw the accident in his rear mirror, gave evidence at the trial. So did Mr Ryan. Mr Stahlhut had no recollection of the collision and did not give evidence.

3. It seems that Mr Stahlhut’s employer had not paid workers compensation insurance premiums, and that the payments to Mr Stahlhut had been made by the respondent Workers…