Alder v Allworks & Trades Pty Ltd

The parties involved in the case were Alder, the appellant, and Allworks & Trades Pty Ltd, the respondent. The dispute centred on a claim for consequential loss made by Alder against the respondent. This matter was heard and determined by the Fair Work Commission and subsequently appealed to the Federal Circuit Court of Australia. The appellant contended that the respondent was liable for the consequential loss incurred by the appellant as a result of the respondent's failure to provide appropriate scaffolding equipment.

The primary legal issue that the court needed to decide was whether the appellant had sufficiently proved the causation of the alleged consequential loss. The respondent argued that the appellant had failed to establish a causal link between the respondent's actions and the consequential loss claimed. The court needed to determine whether the appellant had provided sufficient evidence to establish causation and whether the arbitrator's findings on the matter were correct.

The court, in its reasoning, noted that the appellant had to prove that the consequential loss was a direct result of the respondent's actions. The court found that the appellant had not provided sufficient evidence to establish causation, as the appellant had not demonstrated that the alleged consequential loss would not have occurred but for the respondent's actions. The court confirmed the findings of the arbitrator, stating that the appellant had not discharged the onus of proof required to establish causation. Consequently, the court dismissed the appeal and confirmed the award and order found in the Certificate of Determination.