Coombes v Roads and Traffic Authority & Ors [2006] NSWCA 229

New South Wales Court of Appeal

CITATION: Coombes v Roads and Traffic Authority & Ors [2006] NSWCA 229

HEARING DATE(S): 17 & 19 May 2006

JUDGMENT DATE: 17 August 2006

JUDGMENT OF: Beazley JA at 1; Ipp JA at 156; Basten JA at 157

DECISION: 1. Appeal allowed in part and dismissed in part; 2. Set aside the verdict for the second respondent (Bombala Council); 3. Verdict and judgment for the appellant against the second respondent (Bombala Council), for damages in an amount to be assessed; 4. As against the second respondent (Bombala Council), remit the matter to the District Court for rehearing, limited to damages; 5. Otherwise confirm the verdicts in favour of the first and third respondents (the RTA and Frece); 6. In respect of the claim between the appellant and the second respondent (Bombala Council), order the second respondent to pay the appellant's costs of the appeal and at first instance; 7. Order the appellant to pay the third respondent's (Frece's) costs of the appeal; 8. The appellant and the first and second respondents (the RTA and Bombala Council) are to file written submissions as to the costs of the first respondent at trial and on appeal.

CATCHWORDS: NEGLIGENCE – causation – failure of trial judge to appreciate extent of claim – failure of trial judge to appreciate evidence presented – findings on causation wrong in law - CONTRIBUTORY NEGLIGENCE – appellant not contributorally negligent - JUDGMENT – findings on causation based on credit finding – credit finding misplaced – appellate intervention not warranted - JUDGMENT – failure to deal with aspect of appellant's submission – no substantial wrong or miscarriage – appellate intervention not warranted

LEGISLATION CITED: Roads Act 1993 (NSW) ss 7(4), 61(1)(a), 145(3), 207 Supreme Court Rules 1970 (NSW) Pt 51 r 23