Roads and Traffic Authority of NSW v Dederer

HIGH COURT OF AUSTRALIAGLEESON CJ,GUMMOW, KIRBY, CALLINAN AND HEYDON JJROADS AND TRAFFIC AUTHORITY OF NSW  APPELLANTANDPHILIP JAMES DEDERER & ANOR  RESPONDENTSRoads and Traffic Authority of NSW v Dederer [2007] HCA 4230 August 2007S122/2007ORDER1.Appeal allowed.2.The first respondent to pay the appellant's costs.3.Set aside orders 4, 5, 6 and 7 of the Court of Appeal of the Supreme Court of New South Wales made on 5 October 2006 and in their place order that:(a)the appeal to that Court by the Roads and Traffic Authority of NSW ("the RTA") be allowed; (b)set aside so much of the orders made by Dunford J in the Supreme Court of New South Wales on 18 March 2005 as disposed of the action against the RTA and in their place order that there be judgment for the RTA against the plaintiff; and(c)Mr Dederer to pay the costs of the RTA at trial and in the Court of Appeal.4.Application for special leave to cross-appeal dismissed with costs.On appeal from the Supreme Court of New South WalesRepresentationB W Walker SC with A C Casselden for the appellant (instructed by Henry Davis York Lawyers)D F Jackson QC with D T Kennedy SC and G R Graham for the first respondent (instructed by Emery Partners)Submitting appearance for the second respondentNotice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSRoads and Traffic Authority of NSW v Dederer Negligence – Duty of care – Scope of duty – Roads authority –...