Reid v Commercial Club (Albury) Ltd [2014] NSWCA 98 Emmett JA at [1]; Gleeson JA at [7]; Tobias AJA at [252] 203 Referring to Indigo Mist Pty Ltd v Palmer [2012] NSWCA 239, the primary judge correctly stated the test for factual causation: the appellant must prove, on the balance of probabilities, that...Read More
Lucantonio v Stichter [2014] NSWCA 5 McColl JA at [1], Basten JA at [96], Barrett JA at [145] 79 In order to establish that any breach of duty on the respondent’s part caused the appellant harm, the appellant had to establish that that negligence was a necessary condition of the occurrence of that harm,...Read More
Mikaera v Newman Transport Pty Ltd [2013] NSWCA 464 McColl JA at [1], Basten JA at [49], Macfarlan JA at [54] 33 Section 5R of the Civil Liability Act provides: “5R Standard of contributory negligence (1) The principles that are applicable in determining whether a person has been negligent also apply in determining whether...Read More
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