Hunt v Roads and Traffic Authority of NSW & Anor [2010] NSWDC 88

New South Wales District Court

CITATION: Hunt v Roads and Traffic Authority of NSW & Anor [2010] NSWDC 88

HEARING DATE(S): 18, 19, 20, 21 May and 12 June 2009

JUDGMENT DATE: 25 May 2010

JURISDICTION: Civil

JUDGMENT OF: Levy SC DCJ

1. Verdict and judgment for the plaintiff against the defendants in the sum of $843,136; 2. The defendants are to pay the costs of the plaintiff on the ordinary basis unless otherwise ordered; 3. I find the respective responsibilities of the defendants for the plaintiff's damages is in the proportion 25 per cent on the part of the first defendant and 75 per cent on the part of the second defendant; DECISION: 4. Verdict and judgment for the cross claimant against the cross defendant on the cross claim in the sum of $632,352; 5. The cross defendant is to pay 75 per cent of the cross claimant's costs on the cross claim on the ordinary basis unless otherwise ordered; 6. The exhibits may be returned; 7. Liberty to apply on 7 days notice if further orders are required.

CATCHWORDS: TORTS – negligence – occupier's liability – personal injury – credit based liability findings – alleged negligence of owner of rental premises – alleged negligence of managing agent of rental premises – use of non-safety glass in earlier repairs carried out to premises – subsequent lacerating injury to plaintiff – whether due to negligence – liability considerations under Civil Liability Act 2002 – alleged contributory negligence – apportionment of liability between defendants - DAMAGES – assessment of multiple heads of damage following credit based findings

Australian Standard AS – 1288 Civil Liability Act 2002 LEGISLATION CITED: District Court Act 1973, s 51(2) and s 51(4) Law Reform (Miscellaneous Provisions) Act 1946 Local Government Act 1919