Ryan v Workers Compensation Nominal Insurer [2020] NSWCA 38

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Ryan v Workers Compensation Nominal Insurer [2020] NSWCA 38 Hearing dates: 28 February 2020 Decision date: 11 March 2020 Before: Leeming JA; Payne JA; White JA. Decision: 1. Appeal allowed.

2. Set aside the orders made on 13 August 2019, and in lieu thereof, order that the proceedings be dismissed, with costs.

3. Respondent to pay the appellant's costs of the appeal. Catchwords: TORTS – negligence – motor vehicle accidents – recovery proceeding by workers compensation nominal insurer – worker drove into stationary oversize truck while latter stopped at intersection – trailer protruded from right turning lane into worker's through lane – whether truck driver breached duty by failing to advance into intersection beyond unbroken stop-line – whether truck driver breached duty by failing to activate hazard lights – whether failure to activate hazard lights caused collision – appeal allowed and judgment entered for truck driver Legislation Cited: Civil Liability Act 2002 (NSW), ss 5B, 5D, 5E District Court Act 1973 (NSW), s 127 Road Rules 2008, rr 56, 146, 311 Workers Compensation Act 1987 (NSW), s 151Z Cases Cited: Kollas v Scurrah [2008] NSWCA 17 Verryt v Schoupp [2015] NSWCA 128 Category: Principal judgment Parties: Stephen Patrick Ryan (Appellant) Workers Compensation Nominal Insurer (Respondent) Representation: Counsel: K Rewell SC (Appellant) W Fitzsimmons SC (Respondent)