Event and Time
Event Description
In a legal proceeding initiated on 25 September 2018, Veolia Energy Technical Services (“Veolia”) sought damages from the Roads and Maritime Services (“RMS”) for the death of Mr. Denyer, an employee, who died when a tree fell on his vehicle while driving on Mount Ousley Road, Wollongong on 13 July 2016.
Application and Claims
Veolia claimed indemnity under s 151Z(1)(d) of the Workers Compensation Act 1987 (NSW), arguing that the RMS was negligent in failing to ensure an adequate inspection system for identifying and removing dead trees that posed a threat to road users. The claim was supported by expert reports suggesting that accessible internet resources could have provided sufficient information for tree inspection.
Judicial Decisions
The court granted leave for Veolia to file an amended statement of claim to better articulate its case against the RMS. The RMS was ordered to disclose all evidence by a specified date, with future directions set for 6 July 2020.
Dispute Points and Legal Basis
Dispute Points
- Plaintiff (Veolia) Claims:
- RMS failed to adequately inspect Mount Ousley Road to identify dead trees. - The risk of falling trees was foreseeable, necessitating action. - Proposed amendments were essential to clarify the RMS's failure to implement an adequate inspection system.
- Defendant (RMS) Claims:
- RMS contended that the Wollongong City Council was the relevant Road Authority and it had limited supervisory capacity under an agreement regarding maintenance. - RMS cited the Civil Liability Act, arguing it did not own the property from which the tree fell and emphasizing the reasonableness of its actions. - The RMS also asserted that the proposed amendments would delay proceedings and require substantial additional evidence.