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ARTICLE · 19 MAY 2008

Case Note: High Court Revisits Causation

A party is not liable to contribute, even where negligent, unless a causative link is established between that party's breach of duty of care and the injury.

AustraliaInsurance
Roads & Traffic Authority v Royal [2008] HCA 19

Gummow, Kirby, Hayne, Heydon and Kiefel JJ

In Brief

A party is not liable to contribute, even where negligent, unless a causative link is established between that party's breach of duty of care and the injury

Background

The High Court handed down its decision in Roads and Traffic Authority v Royal on 14 May 2008.

On 12 March 2001, a collision occurred near Wauchope between a vehicle driven by the Respondent, Royal, and the original Claimant, Smurthwaite.

The accident occurred a the cross-intersection between the Pacific Highway and Bago Road.

For drivers proceeding over the cross-intersection from west to east, the crossintersection was controlled by a Stop sign. At that point, the Pacific Highway had two lanes for through traffic proceeding north, a left turn lane for traffic turning into Bago Road, and a right turn

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