Tipper v WILLIAMS (No 2)

In *Tipper v Williams (No 2)*, the New South Wales Court of Appeal considered an appeal by the plaintiff, Mr. Tipper, against a decision of the Supreme Court of New South Wales. The dispute concerned the plaintiff's claim for damages for personal injuries sustained in 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 that the defendant's negligence caused 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, including medical evidence, and applied the principles of causation in negligence. The court affirmed that for a plaintiff to succeed, they must prove on the balance of probabilities that the defendant's breach of duty caused the injury. The court found that the trial judge's assessment of the evidence was sound and that the plaintiff had not discharged the onus of proving causation.

Consequently, the appeal was dismissed.