Roads and Traffic Authority of NSW v Turner

[2008] NSWCA 48

NSW Court of Appeal

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Interrogate

Catchwords

1. Tort Law
2. › Negligence
3. › Causation
4. › Multiple causes
5. › But for test
6. › Whether but for test must be applied to each alleged cause separately
7. › Whether concurrent causes each satisfying but for test are all operative causes
1. Tort Law
2. › Negligence
3. › Contributory negligence
4. › Driving in excess of advisory speed sign in wet conditions on tight curve
5. › Whether failure to reduce speed below advisory speed constituted contributory negligence
6. › Law Reform (Miscellaneous Provisions) Act 1965 (NSW), s 10(1)
1. Tort Law
2. › Negligence
3. › Apportionment
4. › Contribution between tortfeasors
5. › Causative potency and culpability
6. › Apportionment between plaintiff and defendants as a class then between defendants inter se
1. Tort Law
2. › Negligence
3. › Road authority liability
4. › Failure to reduce speed limit
5. › Failure to erect warning signs
6. › Failure to maintain adequate skid resistance

Quick Take

Where expert evidence establishes that an accident would not have occurred but for any one of several factors, the but for test of causation must be applied to each factor separately; a court cannot apply it to one defendant's negligence and then treat other factors as non-causative merely because the accident would not have occurred but for the first defendant's breach. Apportionment in cases of concurrent fault requires assessment of both causative potency and culpability of each party.