Delaney v Leighton Interlink Pty Ltd [2000] NSWCA 151

Reported Decision : [2000] 32 MVR 185

New South Wales Court of Appeal

CITATION : Delaney v Leighton Interlink Pty Ltd [2000] NSWCA 151 FILE NUMBER(S) : CA 40019/99 HEARING DATE(S) : 21 June 2000 JUDGMENT DATE : 21 June 2000

PARTIES : Suzanne Delaney (Appellant) Leighton Interlink Pty Ltd (Respondent) JUDGMENT OF : Handley JA at 1, 34, 36; Powell JA at 35; Heydon JA at 2

LOWER COURT JURISDICTION : District Court LOWER COURT DC 4449/98 FILE NUMBER(S) : LOWER COURT Sinclair DCJ JUDICIAL OFFICER :

COUNSEL : D Kennedy SC/P Seery (Appellant) J Sexton SC (Respondent) SOLICITORS : Harpers (Appellant) Moray & Agnew (Respondent) CATCHWORDS : NEGLIGENCE - damages for nervous shock - Compensation to Relatives Act 1897 (NSW) - trial judge found that the defendant had breached its duty of care to provide adequate warning of the road closure at which the plaintiff's son died when his motor cycle collided with a chain wire fence. - Appeal against decision by the trial judge that the breach of duty was not a contributing cause of the accident - appellant contended that the trial judge should have found that the defendant owed a higher duty of care to the deceased and that there was a causal link between the breach of that higher duty and the accident. - On appeal trial judge held not to have imposed too low a duty on the defendant - trial judge held not to have erred in finding that the plaintiff had failed to discharge the legal burden of proof that adequate warning of the road closure would have prevented the accident. ND CASES CITED: March v E & MH Stramare Pty Limited (1991) 171 CLR 506 Chappel v Hart (1998) 195 CLR 232 DECISION : Appeal dismissed; Cross-appeal dismissed; Appellant to pay the respondent's costs of the appellate proceedings other than the costs of the cross-appeal