Refrigerated Roadways Pty Ltd v Roads and Traffic Authority of NSW [2008] NSWDC 91

Reported Decision : 7 DCLR (NSW) 45

New South Wales District Court

CITATION: Refrigerated Roadways Pty Ltd v Roads and Traffic Authority of NSW [2008] NSWDC 91 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 10-13 September 2007; 19-22; 25; 27-29 February 2008 and 3; 25-26 March 2008

JUDGMENT DATE: 2 June 2008

JURISDICTION: Civil

JUDGMENT OF: Hungerford ADCJ

Verdict for plaintiff against the defendant in the terms claimed. DECISION: Parties to prepare short minutes of order to give effect to decision including as to interest and costs

CATCHWORDS: TORTS – negligence – freeways – fatal injury to - freeway user from object dropped from an overbridge – liability of freeway authority – failure to fence or screenthe bridge – duty of care – whether scope of duty extends to include injury from criminal conduct of third parties –causation – foreseeability – relevance of facts of the particular case – whether "special relationship" between freeway authority and road users – whether "special circumstances" – degree of certainty of harm – breach of duty of care – statutory defences to liability of a public authority – actual knowledge of particular risk – general allocation of resources – injury during course of employment – indemnity from freeway authority as a tortfeasor for workers compensation benefits paid to widow and children – interest on verdict – whether appropriate to be at court or bank bond rates – costs

Civil Liability Act 2002 ss 5D, 42, 45 and 46 Civil Procedure Act 2005 ss 100(1) 100(3)(a) and 101 Compensation to Relatives Act 1897 ss 3 and 4 LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 111 Limitation Act 1969 s 14 Roads Act 1993 Uniform Civil Procedure Rules 2005 Sch 5 Transport Administration Act 1988 Workers Compensation Act 1987 s 151Z(1)(d)