Roads and Maritime Services v Grant [2015] NSWCA 138

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Roads and Maritime Services v Grant [2015] NSWCA 138 Hearing dates: 23 and 24 March 2015 Date of orders: 21 May 2015 Decision date: 21 May 2015 Before: McColl JA at [1]; Basten JA at [11]; Emmett JA at [60] Decision: (1)Allow the appeal and set aside the judgment in the Common Law Division, including the orders made on 17 April 2014 as varied on 19 May 2014.

(2)In place thereof, (a) give judgment for the Roads and Maritime Services. (b) order that the plaintiff pay the defendant's costs of the trial.

(3)Order that the respondent pay the appellant's costs in this Court.

(4)Grant the respondent a certificate under the Suitors' Fund Act 1951 (NSW). Catchwords: TORTS – negligence – breach of duty of care – respondent suffered catastrophic injuries when he crashed his motorcycle on a median strip – whether the installation of a "Keep Left" sign at the recommencement of a median strip after an intersection was required by the relevant Australian Standard – whether the appellant's failure to install such a sign was a breach of its duty of care to road users such as the respondent motorcyclist

TORTS – negligence – causation – whether, had a "Keep Left" sign been installed, the respondent's motorcycle would not have come into contact with the nose of the median strip

TORTS – negligence – public and other authorities – whether the appellant was immune from statutory liability in the exercise of a special statutory power – Civil Liability Act 2002 (NSW), s 43A Legislation Cited: Civil Liability Act 2002 (NSW), ss 5B, 5D, 5E, 16, 17, 41, 42, 43A, 44 Civil Procedure Act 2005 (NSW), s 56 Evidence Act 1995 (NSW), ss 76, 79 Roads Act 1993 (NSW), ss 87, 114, 115, Dictionary Transport Administration Act 1988 (NSW), Pt 6 Uniform Civil Procedure Rules 2005 (NSW), r 14.7 Cases Cited: Carr v Baker (1936) 36 SR (NSW) 301 Curtis v Harden Shire Council [2014] NSWCA 314; 203 LGERA 352 Dasreef Pty Ltd v Hawchar [2011] HCA 21; 243 CLR 588 HG v The Queen [1999] HCA 2; 197 CLR 414 Jones v Dunkel [1959] HCA 8; 101 CLR 298 Makita (Australia) Pty Ltd v Sprowles [2001] NSWCA 305; 52 NSWLR 705 Nemeth v Westfield Shopping Centre Co Management Pty Ltd [2013] NSWCA 298 Ocean Marine Mutual Insurance Association (Europe) OV v Jetopay Pty Ltd [2000] FCA 1463; 120 FCR 146 Texts Cited: Australian Standard AS 1742.2 (1994) – Manual on Uniform Traffic Control Devices Category: Principal judgment Parties: Roads and Maritime Services (Appellant) Mitchell Grant (Respondent) Representation: Counsel: Mr R Cavanagh SC with Mr C Callaway (Appellant) Mr D Campbell SC with Mr F Tuscano (Respondent)