Roads and Traffic Authority v Royal

Torts – Causation - Motor vehicle accident - Whether design of intersection a cause of the accident.

Negligence – Causation of damage at common law - Causation in fact - Whether multiple causes of damage exist - Whether highway construction and design a material contribution to collision - Whether foreseeable risk of harm to persons such as the plaintiff - "But for" test in causation - Considerations relevant to deciding contested questions of causation - Whether correct approach taken to question of causation by Court of Appeal in reversing conclusion of primary judge - Whether existence of Law Reform (Miscellaneous Provisions) Act 1946 (NSW) providing for contribution by tortfeasors relevant to causation in fact.

Appeal – Advantages enjoyed by primary judge in deciding contested question of causation of motor vehicle collision - Decision on question of fact - Whether Court of Appeal erred in giving effect to its own conclusion about causation - Whether Court of Appeal fulfilling duty to conduct an appeal on disputed questions of fact by reaching its own independent conclusion on the facts - Whether advantages of primary judge ought to have restrained Court of Appeal from substituting its own conclusion - Whether Court of Appeal applied incorrect legal test for deciding question of causation of motor vehicle collision.

Words and phrases – "a result of a tort" - "the extent of responsibility for the damage".

Law Reform (Miscellaneous Provisions) Act 1946 (NSW) – s 5.

Supreme Court Act 1970 (NSW) – s 75A.