Westerman v Roads and Maritime Services

The case of Westerman v Roads and Maritime Services involved a dispute over damages awarded to the plaintiff, Westerman, following an injury sustained from a fall in a pothole on a public road. The defendant, Roads and Maritime Services, was responsible for maintaining the road. The plaintiff sought compensation for injuries including a broken foot, which they claimed resulted from tripping over a pothole on the road. The case was heard in the Supreme Court of New South Wales.

The primary legal issues were whether the pothole caused the plaintiff's injuries, and if so, what the appropriate amount of damages should be. A secondary issue was whether the plaintiff's contributory negligence should reduce the damages. The court had to consider previous foot injuries the plaintiff had suffered, which might have contributed to the fall, and whether these were factors in the causation of the injury.

The court found that the pothole did cause the plaintiff's injuries and that the previous foot injuries did not absolve the defendant of liability. The court assessed the damages, taking into account the plaintiff's contributory negligence, which was deemed to be 25%. The court calculated the total damages at $51,845, reduced by 25% for contributory negligence, resulting in a judgment for $38,887.50. The court also ordered that the costs of the proceedings be shared between the parties, with the defendant paying costs up until a specified date, and the plaintiff paying costs thereafter.

The final orders of the court were that judgment be entered for the plaintiff in the sum of $38,887.50 and that the costs of the proceedings be paid by the defendant up until 20 November 2015, and by the plaintiff from 21 November 2015 onwards.