CLA: causation and supervening act by the plaintiff

Gratrax Pty Ltd v T D & C Pty Ltd [2013] QCA 385

 

Further to my earlier posting, the appeal was dismissed and Fraser JA (with whom Morrison JA and Wilson J agreed) held:

  • The correct approach to determine the necessary causal connection between breach of duty and a claimant’s loss and a supervening act or decision by the plaintiff is s.11 of the Civil Liability Act 2003 and must be applied, whether it is different at common law [23];
  • The test in s.11(1)(a) is concerned with the factual “but for” test, whereas s.11(1)(b) is concerned with normative determinations [26];
  • The normative limb can be determined by reference to established classes of cases, precedent and in a novel case, by the criteria in the section.

 

Brisbane Barrister – David Cormack

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