Great Lakes Shire Council v Dederer & Anor; Roads & Traffic Authority of NSW v Dederer & Anor [2006] NSWCA 101

Reported Decision : (2006) Aust Torts Reports 81-860

New South Wales Court of Appeal

CITATION: Great Lakes Shire Council v Dederer & Anor; Roads & Traffic Authority of NSW v Dederer & Anor [2006] NSWCA 101

HEARING DATE(S): 20/03/06, 21/03/06

JUDGMENT DATE: 5 October 2006

JUDGMENT OF: Handley JA at 1; Ipp JA at 67; Tobias JA at 325

DECISION: (1) The appeal by the Council is upheld with costs. (2) The orders made by Dunford J against the Council are set aside and substituted by a judgment in favour of the Council with costs. (3) Mr Dederer is granted a certificate under the Suitors Fund Act 1951 (NSW) if he is otherwise entitled. (4) The appeal by the RTA is partially upheld. (5) The orders of Dunford J in regard to the apportionment of damages is set aside and substituted with an apportionment of 50 per cent. (6) Otherwise, the appeal by the RTA is dismissed. (7) No order is made as regards the costs of the appeal by the RTA.

CATCHWORDS: NEGLIGENCE - boy rendered paraplegic after diving off bridge - duty of care owed by Council as Road Authority for public road under Roads Act 1993 (NSW) - miscellaneous defences - obviousness of risk - fourteen year old boy - Civil Liability Act 2001 (NSW) s 5F. - NEGLIGENCE - duty of care owed by RTA - consequences of RTA's predecessor designing and building bridge - knowledge of RTA of allurement and dangers constituted by bridge - signs prohibiting diving - signs ineffective for many years - RTA's knowledge that signs not achieving purpose - situation was "accident waiting to happen" - whether different signs should have been installed - whether bridge should have been modified to make diving more difficult - the justifiability of policy decisions in cases of negligence involving statutory authorities - availability of resources and competing priorities - causation - contribution negligence. D