Gorton v Essex

In *Gorton v Essex*, the New South Wales Court of Appeal considered a dispute between the plaintiff, Gorton, and the defendant, Essex. The case concerned the plaintiff's claim for damages arising from a motor vehicle accident.

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 causal link between the defendant's negligence and the plaintiff's injuries. Specifically, the court had to determine if the evidence presented supported the conclusion that the defendant's actions were the factual cause of the plaintiff's loss.

The Court of Appeal analysed the evidence presented at trial, focusing on the principles of causation in negligence. It considered whether the trial judge had correctly applied the "but for" test and whether any intervening events had broken the chain of causation. The court affirmed that the onus was on the plaintiff to prove, on the balance of probabilities, that the defendant's negligence caused the damage suffered.

The Court of Appeal dismissed the appeal, upholding the trial judge's finding that the plaintiff had not discharged the onus of proving causation.