CSR Limited v Elliott; George Ward Pty Limited v Ubero Pty Limited [No 2]

In *CSR Limited v Elliott; George Ward Pty Limited v Ubero Pty Limited [No 2]*, the New South Wales Court of Appeal considered appeals arising from separate proceedings. The first appeal concerned a claim by Mr. Elliott against CSR Limited, and the second appeal involved a claim by George Ward Pty Limited against Ubero Pty Limited.

The Court of Appeal was required to determine, in relation to the first appeal, whether the primary judge had erred in finding CSR Limited liable for Mr. Elliott's injuries, and if so, the appropriate assessment of damages. In the second appeal, the Court had to consider whether the primary judge had erred in dismissing George Ward Pty Limited's claim against Ubero Pty Limited.

The Court of Appeal upheld the primary judge's decision in the first appeal, finding that CSR Limited was liable for Mr. Elliott's injuries and that the damages awarded were not excessive. In the second appeal, the Court found that the primary judge had correctly dismissed George Ward Pty Limited's claim, as there was no evidence to establish the necessary causal link between Ubero Pty Limited's actions and the loss suffered by George Ward Pty Limited.

Consequently, the appeal in *CSR Limited v Elliott* was dismissed, and the appeal in *George Ward Pty Limited v Ubero Pty Limited* was also dismissed.