In Masters v Mitchell Shire Council (No 2) [2026] VSC 598, the plaintiff sought damages in the Supreme Court of Victoria for injuries sustained when his motorcycle crashed on a curve along Reedy Creek Road in Tyaak on 25 December 2022.
The Court held that the plaintiff’s position was undermined by his unreliable recollection of the accident and was not satisfied on the balance of probabilities that the heave in the road was a cause of the accident. Furthermore, regarding the defendant’s liability, the Court declined to find that the defendant breached its statutory duty pursuant to the Road Management Act 2004 (Vic) and/or the relevant Road Management Plan, or that it was negligent.
In issue
