GRAMS and ANOR v ROADS AND TRAFFIC AUTHORITY OF NEW SOUTH WALES [1997] NSWCA 130

GRAMS and ANOR v ROADS & TRAFFIC AUTHORITY OF NEW SOUTH WALES

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

SHELLER, BEAZLEY JJA and SHEPPARD AJA 3 September 1997, 3 September 1997

[1997] NSWCA 130

Negligence — personal injuries — road accident cases — liability — whether contributory negligence-interference with trial Judge's findings of fact — whether correct approach

Sheller JA At about 3pm on 18 December 1991 a small campervan driven by the first appellant, Ernest Gordon Grams, and owned by the second appellant, Budget Rent A Car Systems Pty Ltd, collided with the rear of a truck owned by the respondent, Roads and Traffic Authority of New South Wales (RTA), on the Pacific Highway at O'Sullivans Gap near Bulahdelah.

Mr Grams was travelling north on the highway. The respondent's truck was stationary on the western side of the highway. Mr Grams' wife, who was a front-seat passenger in the campervan, was severely injured in the collision.

Mrs Grams sued the appellants in negligence to recover damages for the personal injuries she suffered. The appellants cross-claimed against the RTA.

The proceedings were heard by his Honour Mr Justice Grove at Newcastle. On 29 August 1996 his Honour gave judgment for the plaintiff, Mrs Grams, against each of the appellants in an amount of $660,000. On the cross-claim his Honour gave judgment for the cross-defendant, RTA. The appellants appeal against the judgment on the cross-claim in favour of the RTA.

I summarise Grove J's findings as follows. The accident occurred on one of the relatively level areas at O' Sullivans Gap. There was a slight upwards incline for north-bound traffic and an obvious sweeping right-hand curve. The conditions were fine and clear. There was an applicable speed limit of 80 kilometres an hour. The road surface was divided into four relatively wide lanes. At the time the central division was marked by separate unbroken lines. When the accident occurred, two RTA employees, Mr Maurer and Mr Cooper, were using the truck, which was a tabletop Ford Trader, to place chevrons upon poles located just outside the traffic barrier on the western extremity of the carriageway. The chevrons were designed to assist drivers in navigating the wide, sweeping curve.