Roads and Traffic Authority of NSW v Dederer

Negligence – Duty of care – Scope of duty – Roads authority – The first respondent was injured after jumping into shallow water from a bridge erected by the appellant's predecessor – Whether the scope of the appellant's duty of care encompassed the circumstances in which the first respondent was injured – Distinction between the exercise of reasonable care and the prevention of harm.

Negligence – Breach – Standard of care – Prospective assessment of breach – Characterisation of relevant risk – Assessment of probability of risk – Assessment of gravity of risk – Assessment of practicability of precautions – Relevance of voluntary conduct and obviousness of risk – Relevance of "allurement" – Whether Wyong Shire Council v Shirt (1980) 146 CLR 40 was correctly applied.

Negligence – Contributory negligence – Reduction of damages by Court of Appeal – Whether Court of Appeal erred in disturbing trial judge's assessment.

Courts – Appeals – Limitations on appellate review of findings of fact – Meaning of "concurrent findings of fact".

Costs – Sanderson orders ¬¬– Circumstances in which it is appropriate to make a Sanderson order.

Words and phrases – "allurement", "concurrent findings of fact", "reasonable care", "roads authority", "scope of duty".

Civil Liability Act 2002 (NSW) – s 5L.

Roads Act 1993 (NSW) – s 7(4).

Transport Administration Act 1988 (NSW) – Pt 6, Sched 7 Div 5.