Rickard & Ors v Allianz Australia Insurance Ltd & Ors [2009] NSWSC 1115

New South Wales Supreme Court

CITATION : Rickard & Ors v Allianz Australia Insurance Ltd & Ors [2009] NSWSC 1115 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 15.06.09, 16.06.09,17.06.09, 18.06.09, 22.06.09, 23.06.09, 25.06.09, 26.06.09

JUDGMENT DATE : 23 October 2009

JUDGMENT OF : Hoeben J

Verdicts for Plaintiffs Rickard, Dennison and Wheeler against Allianz Australia Insurance Ltd and Woolworths Ltd. DECISION : Judgment in favour of the RTA of NSW and Brian Francis Lavis and John Edwin Lavis. See paras [209]-[213].

CATCHWORDS : TORTS - negligence - water over road - motor vehicle aquaplaning - breach of duty - failure to keep a proper lookout and driving at an excessive speed in the circumstances - liability of RTA - positioning of warning signs - whether failure to exercise reasonable care - application of s 43A Civil Liability Act 2002 - application of s 44 Civil Liability Act 2002 - causation - responsibility of road authority for constructing culverts and maintaining table drains on side of road - nature of duty owed - whether breach of duty established - application of s 45 Civil Liability Act 2002 - budgetary constraints and competing priorities of a statutory authority - distinction between policy and operational decision - s 42 Civil Liability Act 2002 - causation - nature of duty owed by landowners to users of public highway adjoining land - public nuisance - whether fault necessary - knowledge of landowners of nuisance before storm event - relevance of user of agricultural land before and at time of storm event - negligence of landowners - nature of duty owed by landowners to users of adjoining highway - whether breach of duty established - whether causation established.