Pledge v Roads and Traffic Authority [2004] HCA 13

HIGH COURT OF AUSTRALIA

McHUGH ACJ, KIRBY, HAYNE, CALLINAN AND HEYDON JJ

Matters No. S122/2003 and S123/2003

JACK PLEDGE APPELLANT

AND

ROADS AND TRAFFIC AUTHORITY & ORS RESPONDENTS

Matters No. S124/2003 and S125/2003

NADIA CATHERINE RYAN BY HER TUTOR HEATHER RYAN APPELLANT

AND

JACK PLEDGE & ORS RESPONDENTS

Pledge v Roads and Traffic Authority; Ryan v Pledge

[2004] HCA 13

11 March 2004

Matters No. S122/2003, S123/2003, S124/2003 and S125/2003

ORDER

1. Appeals allowed with costs. 2. Judgment and orders of the Court of Appeal of the Supreme Court of New South Wales on 10 April 2002 set aside. 3. Matter remitted to the Court of Appeal to determine re-apportionment of liability among the Respondents to the second appeal and other matters that were before the Court of Appeal but not dealt with in its judgment including the matter of costs in that Court.

On appeal from Supreme Court of New South Wales

Representation:

Matters No. S122/2003 and S123/2003

D F Jackson QC with J M Morris for the appellant (instructed by Abbott Tout)

D L Davies SC with S Woods for the first respondent (instructed by Crown Solicitor for New South Wales)

J D Hislop QC with G J Gemmell for the second respondent (instructed by McCabe Terrill)

A S Morrison SC with S E Torrington for the third respondent (instructed by Stacks – The Law Firm with Tom Goudkamp)

Matters No. S124/2003 and S125/2003

A S Morrison SC with S E Torrington for the appellant (instructed by Stacks – The Law Firm with Tom Goudkamp)

D F Jackson QC with J M Morris for the first respondent (instructed by Abbott Tout)

J D Hislop QC with G J Gemmell for the second respondent (instructed by McCabe Terrill)

D L Davies SC with S Woods for the third respondent (instructed by Crown Solicitor for New South Wales)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.