Tabet v Gett
[2010] HCA 12
Citation 1
…causation which arises in this case is further guided by the following authoritative statements: • In Tabet v Gett ,[112] Kiefel J observed: [112] (2010) 240 CLR 537 “The common law requires proof, by the person seeking compensation, that the negligent act or omission caused the loss or injury constituting the damag…
ACQ Pty Ltd v Cook
[2009] HCA 28
Citation 2
…CQ Pty Ltd v Cook; Aircair Moree Pty Ltd v Cook ,[114] the High Court observed that the field of debate in that proceeding, namely causation: [114] (2009) 237 CLR 656 at paragraph [14} “… is one of the most difficult in the law, and one about which abstract discussion is seldom valuable for courts … .”[115] [115] at…
Roads and Traffic Authority v Royal
[2008] HCA 19
Citation 3
…been accepted by the High Court: “as governing decisions on contested issues of causation in relation to claims framed in negligence.”[119] [118] (2008) 245 ALR 653 [119] at paragraph 79. Whilst his Honour was in the minority, no issue arises as to this statement of general principle.…
Sutherland Shire Council v Becker
[2006] NSWCA 344
Citation 4
…ability to call lay or expert evidence that shows the precise way that something has happened is not fatal.” [110] (1976) 50 ALJR 720 [111] (1997) 42 NSWLR 307 at 318…
Spiteri v Visyboard Pty Ltd
[2005] VSCA 132
Citation 5
…f has established on the balance of probabilities.[106] [106] This was the approach taken by the Court of Appeal in Spiteri v Visyboard Pty Ltd [2005] VSCA 132 (25 May 2005) 89 In deciding the issue of causation in this case, the approach which I should adopt is that set out by the Victorian Court of Appeal in Tra…
Pledge v Roads and Traffic Authority
[2004] HCA 13
Citation 6
…97 Finally, in Pledge v Roads and Traffic Authority ,[125] Hayne J considered the [125] (2004) 78 ALJR 572 many factors which might be said to be the cause of an event, and commented: “The distinction is not to be found by attempting to identify the cause of the event. Examination will usually reveal that the event c…
Seltsam Pty Ltd v McGuiness
[2000] NSWCA 29
Citation 7
…nct from medical opinion.[109] [109] See Adelaide Stevedoring Co v Forst at 573; see also Dahl v Grice [1981] VR 513; and Seltsam Pty Ltd v McGuiness (2000) 49 NSWLR 262 91 This approach to the analysis of causation is entirely consistent with that taken by the High Court in Tube Makers of Australia Ltd v Fernandez [1…
Wardley Australia Ltd v Western Australia
[1992] HCA 55
Citation 8
…rily enter. When causation is so regarded, the law has no difficulty in recognising that there can be multiple causes of the one damage.” [117] (1992) 175 CLR 514…
Adelaide Stevedoring Co Ltd v Forst
[1940] HCA 45
Citation 9
…ive inference which this sequence of events would naturally inspire in the mind of any common- sensed person uninstructed in pathology” [108] (1940) 64 CLR 538 at 563…