Roads and Traffic Authority of NSW v Dederer [2007] HCA 42

HIGH COURT OF AUSTRALIA

GLEESON CJ,

GUMMOW, KIRBY, CALLINAN AND HEYDON JJ

ROADS AND TRAFFIC AUTHORITY

OF NSW APPELLANT

AND

PHILIP JAMES DEDERER & ANOR RESPONDENTS

Roads and Traffic Authority of NSW v Dederer [2007] HCA 42

30 August 2007

S122/2007

ORDER

1. Appeal allowed.

2. The first respondent to pay the appellant's costs.

3. Set aside orders 4, 5, 6 and 7 of the Court of Appeal of the Supreme Court of New South Wales made on 5 October 2006 and in their place order that:

(a) the appeal to that Court by the Roads and Traffic Authority of NSW ("the RTA") be allowed;

(b) set aside so much of the orders made by Dunford J in the Supreme Court of New South Wales on 18 March 2005 as disposed of the action against the RTA and in their place order that there be judgment for the RTA against the plaintiff; and

(c) Mr Dederer to pay the costs of the RTA at trial and in the Court of Appeal.

4. Application for special leave to cross-appeal dismissed with costs.

On appeal from the Supreme Court of New South Wales

Representation

B W Walker SC with A C Casselden for the appellant (instructed by Henry Davis York Lawyers)

D F Jackson QC with D T Kennedy SC and G R Graham for the first respondent (instructed by Emery Partners)

Submitting appearance for the second respondent

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

CATCHWORDS

Roads and Traffic Authority of NSW v Dederer

Negligence – Duty of care – Scope of duty – Roads authority – The first respondent was injured after jumping into shallow water from a bridge erected by the appellant's predecessor – Whether the scope of the appellant's duty of care encompassed the circumstances in which the first respondent was injured – Distinction between the exercise of reasonable care and the prevention of harm.