Terry Turner v Australian Associated Motor Insurers Ltd & The Roads and Traffic Authority of NSW [2006] NSWSC 1292

New South Wales Supreme Court

CITATION : Terry Turner v Australian Associated Motor Insurers Ltd & The Roads and Traffic Authority of NSW [2006] NSWSC 1292 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 27, 28, 29, 30 June 2005, 4, 5, 6, 7 July 2005, 1, 2, 3, 4, 5, 12 August 2005, 28 October 2005, 28 March 2006

JUDGMENT DATE : 10 November 2006

JUDGMENT OF : Latham J

DECISION : (1) I find negligence in the second defendant; (2) Verdict and Judgment in favour of the first defendant; (3) The cross-claims against the first and second defendants are dismissed. No order as to costs.

CATCHWORDS : Negligence - motor vehicle accident - plaintiff loses control of vehicle approaching right hand bend in wet conditions - smooth rear tyres and inadequate friction supply of road surface - liability of RTA - actual knowledge of failings of road surface - accident history of site - adequacy of signage - contribution of tyres and speed of vehicle to accident - costs

Motor Accidents Compensation Act 1999 Civil Liability Act 2002 LEGISLATION CITED : Roads Act 1993 Transport Administration Act 1988 Civil Liability Act

Meth v Moore (1982) 63 FLR 309 Brodie v Singleton Shire Council (2001) 206 CLR 512 Romeo v Conservation Commission of the Northern Territory (1998) 192 CLR 431 CASES CITED : Burwood Council v Byrnes [2002] NSWCA 343 Sutherland Shire Council v Henshaw [2004] NSWCA 386 Holloway v McFeeters (1956) 94 CLR 470 March v E & M H Stramare Pty Ltd (1991) 171 CLR 506