NSW Caselaw
New South Wales Supreme Court
CITATION : Roads and Traffic Authority of New South Wales v Barrie Toepfer Earthmoving & Land Management Pty Ltd [2010] NSWSC 1063
HEARING DATE(S) : 23 April 2010
JUDGMENT DATE : 16 September 2010
JUDGMENT OF : McCallum J
DECISION : 1. That paragraph 11 of the Amended Defence filed 10 December 2009 be struck out. 2. That the defendant/second cross-claimant have leave to file an Amended Second Cross-Claim in accordance with these reasons.
CATCHWORDS : STATUTORY INTERPRETATION – Roads Act 1993 (NSW) – liability for damage to public road – whether proof of culpability required – causation – whether open to defend claim under statute on the grounds of contributory negligence - TORTS – negligence – statutory duty – whether cross-claim against RTA liable to be summarily dismissed
Roads Act 1993 Uniform Civil Procedure Rules Main Roads Act 1924-1954 Electric Power Boards Act 1925 (NZ) Electricity Act 1976 LEGISLATION CITED : Harbours, Docks and Piers Act of 1847 (10 Vict. c. 27) Harbour Boards Act 1892 Transport Administration Act 1988 Public Sector Employment and Management Act 2002 Law Reform (Vicarious Liability) Act 1983 Crown Proceedings Act 1988
CATEGORY : Principal judgment
Commissioner of Main Roads v Engel (1962) 80 WN (NSW) 137 Springs-Ellesmere Electric Power Board v Robson [1967] NZLR 94 Postmaster v Beck and Pollitzer [1924] 2 KB 308 R v A Judge of the District Courts at Brisbane and Dale, ex parte the South East Queensland Electricity Board [1984] 1 Qd R 655 Commissioner of Main Roads v Tran (1994) 10 SR (WA) 21 The River Wear Commissioners v Adamson (1877) 2 AC 743 Townsville Harbour Board v Scottish Shire Line Limited (1914) 18 CLR 306 CASES CITED : The Geelong Harbour Trust Commissioners v Gibbs, Bright & Co (1970) 122 CLR 504 The Geelong Harbour Trust Commissioners v Gibbs, Bright & Co (1974) 2 ALR 362 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Hollis v Vabu Pty Limited [2001] HCA 44; 207 CLR 21 Scott v Davis [2000] HCA 52; 204 CLR 333 Hutton v West Cork Railway Company (1883) 23 Ch Div 654 Wayde v New South Wales Rugby League Limited (1985) 180 CLR 459 Hunter Area Health Service v Presland [2005] NSWCA 33
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