Fergusson v Latham

The High Court of Australia considered a dispute concerning negligence, specifically the issue of causation, in the matter of *Fergusson v Latham*. The case involved a pedestrian who was struck by a motor vehicle.

The central legal issue before the High Court was whether the appellant had established a sufficient causal link between the respondent's alleged negligence and the pedestrian's injuries. This question arose in the context of the possibility of a differential chance of injuries, a point that had not been raised in the arguments presented in the lower courts.

The High Court, with the agreement of all judges, ultimately revoked special leave to appeal. The reasoning for this decision, as articulated by Hayne J, was that the appellant had not demonstrated that the appeal raised a question of law that warranted the High Court's intervention. Consequently, the appellant was ordered to pay the respondent's costs.