ABSTRACT
Introduction The defendant’s negligence must cause or materially contribute to the damage suffered by the plaintiff. There must be a causal link between the act of the defendant and the plaintiff’s injury. This is a question of fact which must be proved on the balance of probabilities by the plaintiff. Courts have accepted that it is to be resolved as a matter of common sense and convenience, rather than as a scientific or mathematical formula (Fitzgerald v Penn (1954)). This approach has been incorporated into the civil liability and wrongs legislation in the following jurisdictions: • Civil Liability Act 2002 (NSW), s 5D; • Civil Liability Act 2003 (Qld), s 11; • Civil Liability Act 1936 (SA), s 34; • Civil Liability Act 2002 (Tas), s 13; • Wrongs Act 1958 (Vic), s 51; • Civil Liability Act 2002 (WA), s 5C; and • Civil Law (Wrongs) Act 2002 (ACT), s 45. There is no equivalent legislation in the Nor thern Terr itory or Commonwealth.
