Zraika v Walsh [2015] NSWSC 485

Supreme Court New South Wales

Medium Neutral Citation: Zraika v Walsh [2015] NSWSC 485 Hearing dates: 23; 24; 25; 26 & 27 June 2014 & 1 & 2 July 2014 Date of orders: 30 April 2015 Decision date: 30 April 2015 Jurisdiction: Common Law Before: Campbell J Decision: See [234] Catchwords: TORTS – negligence – liability of motorists for collision on a busy arterial road – where first vehicle crossed intersection controlled by traffic lights from a factory driveway displaying a left turn only sign and collided with the second vehicle travelling through intersection with a green light – whether second vehicle was travelling in a left hand turn lane when entering intersection – evaluation of expert and lay evidence – whether driver of second vehicle owed his unborn child a duty of care – whether he breached his duty of care by colliding with a vehicle already in the intersection in circumstances where he was found to be proceeding straight through the intersection while travelling in a left turning lane

TORTS – negligence – liability of Council – powers and functions exercised by Council as consent authority for the re-development of a factory complex – whether Council owed a duty of care to users of the intersection in exercise of its statutory powers – whether Council breached its duty in discharging its statutory function as to whether conditions should be imposed to avoid risk of traffic conflicts – whether Modbury principles are applicable – s 43A Civil Liability Act 2002

TORTS - negligence – liability of Roads & Maritime Services – whether RMS owed a duty of care to users of intersection in exercise of its statutory powers – power to install traffic control device on land adjacent to a main road – signalisation – s 43A Civil Liability Act 2002 – whether RMS breached duty of care