HCA: Special Leave – causation & “but for” test

Strong v Woolworths Limited T/as Big W & Anor [2011] HCATrans 131 (13 May 2011)

I refer to my earlier posting and note that Special Leave has been granted in respect of causation and the “but for” test postulated in s.5D of the Civil Liability Act 2002 (NSW), which is in identical terms to s.11 of the Civil Liability Act 2003 (QLD) and now s.305D of the Workers’ Compensation and Rehabilitation Act 2003 (QLD).

The causation test as legislated in the respective Civil Liability Acts is increasing coming to judicial attention and the category of what constitutes “an exceptional” case, together with the distinction between the defendant having materially increased the risk of an injury of a particular type occurring as opposed to the defendant having materially contributed to a particular injury.

Brisbane Barrister – David Cormack.

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