JOAN FITZGERALD v INVERELL SHIRE COUNCIL [1999] NSWCA 31

New South Wales Court of Appeal CITATION : JOAN FITZGERALD v INVERELL SHIRE COUNCIL [1999] NSWCA 31 FILE NUMBER(S) : CA 40769/97 HEARING DATE(S) : 18 February 1999 JUDGMENT DATE : 18 February 1999

JOAN FITZGERALD PARTIES : v INVERELL SHIRE COUNCIL JUDGMENT OF : Handley JA; Powell JA; Giles JA

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : DC 25/95 LOWER COURT JUDICIAL OFFICER : Patten DCJ

COUNSEL : W C Terracini SC/K W Andrews (Appellant) D L Davies SC (Respondent) SOLICITORS : Sweeny Waterford, Narrabri (Appellant) Phillips Fox (Respondent) CATCHWORDS : NEGLIGENCE - highway authority - road works - adequacy of warning - whether trial Judge erred in findings of fact - whether failed to give adequate reasons DECISION : Appeal dismissed with costs

7 THE SUPREME COURT

OF NEW SOUTH WALES

COURT OF APPEAL

CA 40769/97 DC 25/95

HANDLEY JA POWELL JA GILES JA

Thursday 18 February 1999

JOAN FITZGERALD v INVERELL SHIRE COUNCIL

NEGLIGENCE - highway authority - road works - adequacy of warning - whether trial Judge erred in findings of fact - whether failed to give adequate reasons The appellant had been injured in a road accident, and claimed that her injuries were the result of the negligence of the Council in conducting road works. The appellant claimed that the trial Judge had erred in not finding that there was a "flagman ahead" sign in the direction from which the plaintiff had approached or had failed to give adequate reasons for such a finding. The appellant claimed that it was negligent for the Council having placed such a sign not to provide such a flagman to regulate traffic. HELD,: dismissing the appeal: (1) The trial Judge was entitled to conclude that there had been no "flagman ahead" sign. (2) The appellant's claim that the trial Judge had failed to give adequate reasons failed. (3) The finding of the trial Judge that the accident was caused by the plaintiff ignoring the warning signs and driving at excessive speed was correct. ORDER Appeal dismissed with costs.