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Executive Summary (One Minute Read)
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| Roads and Maritime Services v Grant (NSWCA) - negligence - Authority not liable for motorcyclist’s injuries in collision with pedestrian barrier - appeal allowed |
| Summaries With Link (Five Minute Read) |
Roads and Maritime Services v Grant [2015] NSWCA 138
Court of Appeal of New South Wales
McColl, Basten & Emmett JJA
Negligence - respondent motorcyclist injured when motorcycle collided with pedestrian barrier erected on median strip in centre of intersection - primary judge found Authority breached duty and that its breach caused respondent’s injuries - primary judge also found it would be just and equitable to reduce damages by 30% for contributory negligence - Authority appealed - held: Authority not liable for alleged breach because statutory immunity in s43A Civil Liability Act 2002 engaged - respondent did not establish mechanism of accident was as he contended - appeal allowed.
Roads
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