Commissioner of Main Roads v Jones

HIGH COURT OF AUSTRALIAGLEESON CJ,McHUGH, GUMMOW, HAYNE AND CALLINAN JJCOMMISSIONER OF MAIN ROADS  APPELLANTANDLLOYD RUSSELL JONES  RESPONDENTCommissioner of Main Roads v Jones [2005] HCA 2720 May 2005Amended Order made 25 May 2005P31/2004AMENDED ORDER1.Appeal allowed.2.Appellant to pay the costs of the respondent of the appeal.3.Set aside orders 1 to 4 of the Full Court of the Supreme Court of Western Australia made on 20 November 2002 and in their place order that the appeal to that Court be dismissed.On appeal from the Supreme Court of Western AustraliaRepresentation:B W Walker SC with G R Hancy for the appellant (instructed by Corser and Corser)D F Jackson QC with K J Bradford for the respondent (instructed by Bradford & Co)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSCommissioner of Main Roads v JonesNegligence – Standard of care – Breach – Respondent driver injured after car collided with wild horse on highway – Appellant a body corporate upon which care, control and management of highways was conferred – Whether appellant should have been aware of attraction of animals to water sources near accident site and exercised power to reduce speed limit and to erect warning sign.Courts – Appeals – Whether Full Court of the Supreme Court of Western Australia justified in overturning findings of trial judge on danger posed by animals straying on highway.Negligence – Causation – Whether, if speed limit reduced or warning sign erected, respondent's injuries would have been prevented.Practice...