Grills v Leighton Contractors Pty Limited [2015] NSWCA 72

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Grills v Leighton Contractors Pty Limited [2015] NSWCA 72 Hearing dates: 11 February 2015 Decision date: 27 March 2015 Before: Beazley P at [1]; Barrett JA at [192]; Gleeson JA at [193] Decision: (1) Appeal allowed in part.

(2) Set aside order 3 made by the trial judge on 23 April 2014.

(3) The respondents to pay to the appellant 25 per cent of his costs of the appeal, such costs to be borne by the respondents in the proportions of their respective liability to the appellant.

(4) Leighton Contractors Pty Limited to pay the appellant's costs as cross-respondent to the first cross-appeal.

(5) There be no order as to costs as between the State and the appellant in respect of the State's cross-appeal.

(6) Leighton Contractors Pty Limited as first cross-appellant to bear its own costs of the first cross-appeal as against the State as a cross-respondent to the first cross-appeal.

(7) The State as second cross-appellant to bear its own costs of the second cross-appeal as against Leighton Contractors Pty Limited as a cross-respondent to the second cross-appeal. Catchwords: TORTS – negligence – workplace injury – police highway patrol – motorcade – urgent duty – single motorcycle accident – where boom gate lowered in error

TORTS – negligence – proceedings brought against operator of motorway – proceedings brought against State as employer

TORTS – negligence – whether motorway operator owed appellant duty of care in situation in which motorway was closed to civilian traffic and operator was acting under police directions – scope of operator's duty to police officer on urgent duties – breach of duty