Catastrophically injured cyclist

A catastrophically injured cyclist brought proceedings against a public road authority in relation to injuries suffered while cycling on a country road. We acted for the public road authority. At issue was the extent to which the authority was properly managing its expenditure in maintaining its road network. The plaintiff’s claim being that the maintenance regime adopted was negligent and ultimately wasteful of rate payer’s funds. We prepared evidence of the strategic allocation of resources, the prioritisation of the authority’s expenditure and the reasonableness of its maintenance regime. Although unsuccessful in the first instance, we were successful on appeal, saving the authority in the vicinity of $4 million.


Related Articles

RECENT APPEAL DECISION CONFIRMS S151Z RECOVERIES WILL SUCCEED IN ‘BLAMELESS ACCIDENT’ CLAIMS

Motor Vehicle Directions

State of NSW v Wenham [2016] NSWSC 336 Decision of the NSW Court of Appeal on 5 December 2016 (Beazley ACJ, Meagher…

Continue reading

Section 81(3) Deemed Denial of Liability and Exemption from CARS General Assessment

Motor Vehicle Directions

Insurance Australia trading as NRMA v Ural [2015] NSWSC 620 Date of judgment: 29 May 2015 Before: Young AJA, NSW Court…

Continue reading

IMPORTANT DECISION UPHOLDING THE INTEGRITY OF THE LIFETIME CARE AND SUPPORT SCHEME

Motor Vehicle Directions

Nominal Defendant v Adilzada [2016] NSWCA 266 Decision of the NSW Court of Appeal on 22 September 2016 ( Meagher JA,…

Continue reading