A boom gate installed across a public road to prevent antisocial behaviour at night is not a 'traffic control facility' and does not involve the exercise of a 'special statutory power' under s 43A of the Civil Liability Act 2002 (NSW), so the ordinary negligence standard applies rather than the Wednesbury-style test. A road authority's knowledge that cyclists regularly use a road contrary to directional signage, combined with knowledge of prior collisions, establishes both duty and breach where the authority fails to implement simple remedial measures. Directional arrows and 'No Exit' signs concerned with traffic movement do not negate a road authority's duty of care in respect of the separate risk of collision with a closed boom gate, and non-compliance with such signs does not establish contributory negligence where the signs are unrelated to the risk that materialised.
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