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

Contributory negligence – relative culpability of pedestrian and driver

Motor Vehicle Directions

T and X Company Pty Ltd v Chivas [2014] NSWCA 235 (22 July 2014) Yesterday, the New South Wales Court of…

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

Nominal Defendant claims and principles of appellate review

Motor Vehicle Directions

Two recent decisions of the Court of Appeal concern claims where the very involvement of an unidentified vehicle has been at…

Continue reading