Chotiputhsilpa v Waterhouse & Ors [2005] NSWCA 295 (2 September 2005)

[2005] NSWCA 295

TORTS – negligence – driver of motor vehicle struck pedestrian crossing traffic on Anzac Bridge – whether driver breached duty of care

TORTS – negligence – Roads and Traffic Authority responsible for design and construction of Anzac Bridge – adequacy of signage providing information about presence of pedestrian footpath underneath Bridge – whether duty of care owed to pedestrians – whether RTA breached its duty of care – appellant’s presence on Bridge unexpected – contributory negligence

EVIDENCE – application that court view the accident site – fresh evidence – whether site has materially altered since date of accident – Evidence Act 1995 (NSW) ss. 53(3)(e) and 54

REASONS – adequacy of

BIAS – whether trial judge’s comments gave rise to reasonable apprehension of bias