Roads and Traffic Authority of NSW v Refrigerated Roadways Pty Limited [2009] NSWCA 263

Reported Decision: 77 NSWLR 360

New South Wales Court of Appeal

CITATION: Roads and Traffic Authority of NSW v Refrigerated Roadways Pty Limited [2009] NSWCA 263 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 11 & 12 March 2009

JUDGMENT DATE: 22 September 2009

JUDGMENT OF: McColl JA at 1; Campbell JA at 2; Sackville AJA at 437

1. Appeal allowed DECISION: 2. Set aside the judgment and orders in the court below 3. In lieu thereof, order that the proceedings be dismissed with costs 4. Order Respondent to pay Appellant's costs of the appeal.

CATCHWORDS: TORTS – negligence – breach of duty – standard of care for a statutory authority – whether a court should take account of the budgetary constraints and competing priorities of a statutory authority – distinction between policy and operational decisions – relevance to whether a decision can be made that a roads authority failed to take reasonable care - TORTS – negligence – breach of duty – standard of care – nature of the question of whether there has been a failure to exercise reasonable care – question must be one that can be answered by a jury – relevance of the fact that the statutory authority carries out activities with no private analogue – relevance of budgetary constraints and competing priorities - TORTS – negligence – duty of care – whether duty of care of a roads authority extends to the taking of reasonable care to prevent harm to motorists resulting from the criminal conduct of others – whether duty of care is owed in the exercise of a statutory duty - TORTS – negligence – breach of duty – section 42 Civil Liability Act 2002 – whether the section prohibits allegations of negligence in general or particular allegations of negligence – nature of the particular allegation of negligence prohibited – meaning of "functions" – meaning of "general allocation" – meaning of "resources reasonably available to the authority" - TORTS – negligence – breach of duty – section 43A Civil Liability Act 2002 – type of "reasonableness" involved – need for a "special statutory power"