Roads and Traffic Authority of NSW v Turner [2008] NSWCA 48

New South Wales Court of Appeal

CITATION: Roads and Traffic Authority of NSW v Turner [2008] NSWCA 48

HEARING DATE(S): 18 October 2007

JUDGMENT DATE: 2 April 2008

JUDGMENT OF: Hodgson JA at 1; Tobias JA at 2; Handley AJA at 3

1. Appeal allowed. 2. Judgment in favour of the Plaintiff for $1,211,287.87 set aside. 3. Judgment in favour of Australian Associated Motor Insurers Ltd set aside. 4. Set aside the order that the second defendant pay the costs of the first defendant. DECISION: 5. In lieu thereof substitute judgment for the plaintiff for $969,030.24 with costs against both defendants with effect from 28 November 2006. 6. On the first defendant's cross-claim verdict for the cross-claimant AAMI against the cross-defendant RTA for $726,772.68 and 75% of the costs of the plaintiff of the proceedings in the Common Law Division. 7. On the second defendant's cross-claim verdict for the RTA against AAMI for $242,257.56 and 25% of the costs of the plaintiff of the proceedings in the Common Law Division. 8. No order as to the costs of either cross-claimant of the proceedings on the cross-claim. 9. First and second respondents each to pay one-half of the appellant's costs of the appeal. 10.The first respondent is to have a certificate under the Suitors' Fund Act.

CATCHWORDS: CAUSATION - multiple causes - but for test - CONTRIBUTION - multiple causes - causative potency - culpability - NEGLIGENCE - multiple causes

LEGISLATION CITED: Law Reform (Miscellaneous Provisions) Act 1965, s 10(1) Suitors' Fund Act 1951

CATEGORY: Principal judgment