Roads and Traffic Authority v Royal

HIGH COURT OF AUSTRALIAGUMMOW, KIRBY, HAYNE, HEYDON AND KIEFEL JJROADS AND TRAFFIC AUTHORITY   APPELLANTANDGRANT ROYAL & ANOR  RESPONDENTSRoads and Traffic Authority v Royal[2008] HCA 1914 May 2008S517/2007ORDER1.    Appeal allowed with costs.2.    Set aside the orders of the Court of Appeal of the Supreme Court of New South Wales made on 4 April 2007 as varied by the further order made by consent on 1 August 2007, and in their place order that the appeal to that Court be dismissed with costs.On appeal from the Supreme Court of New South WalesRepresentationJ E Maconachie QC with T F McKenzie for the appellant (instructed by McCabe Terrill Lawyers)S J Harben SC with S B Lowe for the first respondent (instructed by Rankin & Nathan Lawyers)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 v RoyalTorts – Causation – Motor vehicle accident – Whether design of intersection a cause of the accident.Negligence – Causation of damage at common law – Causation in fact – Whether multiple causes of damage exist – Whether highway construction and design a material contribution to collision – Whether foreseeable risk of harm to persons such as the plaintiff – "But for" test in causation – Considerations relevant to deciding contested questions of causation – Whether correct approach taken to question of causation by Court of Appeal in reversing conclusion of primary judge – Whether existence of Law Reform...