Blaxter v Commonwealth of Australia

The appeal in *Blaxter v Commonwealth of Australia* concerned a claim for damages arising from the collision between HMAS Melbourne and HMAS Voyager. The appellant, Lawrence Gary Blaxter, sought to recover damages for psychiatric injury and associated economic loss. The respondent, the Commonwealth of Australia, contested the extent of its liability, particularly concerning the appellant's alcohol abuse and its impact on the claimed losses. The matter was heard by the New South Wales Court of Appeal.

The Court of Appeal was required to determine several key legal issues. These included whether the appellant's economic loss was a consequence of the collision or an intervening voluntary act of alcohol abuse, and whether such abuse constituted an independent cause of the loss. The court also had to consider the principles governing the recovery of damages for a loss of a chance of promotion and how to predict future economic events in the absence of the tortious conduct. Furthermore, the court examined whether the conduct of a naval officer on the morning after the accident was part of the tortious conduct giving rise to the claim.

The Court of Appeal allowed the appeal, setting aside the trial judge's original order. The court found that the appellant was entitled to judgment in the amount of $942,163. In reaching this decision, the court applied principles relating to causation, particularly the assessment of intervening acts and the extent to which a tortfeasor is responsible for the consequences of their actions, even where the injured party's own conduct contributes to the loss. The court also addressed the method for calculating damages for the loss of future economic opportunities. The cross-appeal was dismissed, and the respondent was ordered to pay the appellant's costs of the appeal and cross-appeal.