Button v London
Case
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[1991] NSWCA 38
•01 May 1991
Details
AGLC
Case
Decision Date
Button v London [1991] NSWCA 38
[1991] NSWCA 38
01 May 1991
CaseChat Overview and Summary
In *Button v London*, the New South Wales Court of Appeal considered a dispute between the plaintiff, Mr Button, and the defendants, London and another. The case concerned an appeal against a judgment of the Supreme Court of New South Wales.
The primary legal issue before the Court of Appeal was whether the trial judge had erred in finding that the plaintiff had failed to establish a cause of action in negligence against the defendants. Specifically, the appeal questioned whether the plaintiff had discharged the onus of proving that the defendants' actions or omissions had caused the loss he suffered.
The Court of Appeal analysed the evidence presented at trial, focusing on the elements of duty of care, breach of that duty, and causation. It was held that the trial judge had correctly applied the principles of negligence, finding that the plaintiff had not adduced sufficient evidence to demonstrate a causal link between the defendants' conduct and the plaintiff's loss. The court affirmed that the burden of proof lay with the plaintiff to establish all elements of the tort, and that this burden had not been met.
The appeal was dismissed, and the judgment of the Supreme Court was affirmed.
The primary legal issue before the Court of Appeal was whether the trial judge had erred in finding that the plaintiff had failed to establish a cause of action in negligence against the defendants. Specifically, the appeal questioned whether the plaintiff had discharged the onus of proving that the defendants' actions or omissions had caused the loss he suffered.
The Court of Appeal analysed the evidence presented at trial, focusing on the elements of duty of care, breach of that duty, and causation. It was held that the trial judge had correctly applied the principles of negligence, finding that the plaintiff had not adduced sufficient evidence to demonstrate a causal link between the defendants' conduct and the plaintiff's loss. The court affirmed that the burden of proof lay with the plaintiff to establish all elements of the tort, and that this burden had not been met.
The appeal was dismissed, and the judgment of the Supreme Court was affirmed.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Negligence & Tort
Legal Concepts
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Appeal
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Damages
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Duty of Care
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Negligence
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Causation
Actions
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Citations
Button v London [1991] NSWCA 38
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