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ARTICLE · 26 MAY 2009

Prospect V/S Probability – The Vexing Question Of Causation

Cooper Grace Ward
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This recent NSW Court of Appeal decision is a good example of where a prospect of an occurrence can be mistakenly elevated to a contributory cause of it.

AustraliaInsurance
Tony Park
Tony Park
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Dominello v Dominello & Anor; Dominello v The Nominal Defendant & Anor [2009] NSWCA 95

This recent NSW Court of Appeal decision is a good example of where a prospect of an occurrence can be mistakenly elevated to a contributory cause of it.

The claimant passenger sought damages (agreed at almost $2.8M) against her husband and The Nominal Defendant arising from a single vehicle accident in July 2000 near Grafton. The claimant's husband lost control of his heavily laden van and trailer when it hit a large oil spill left on the road by an unidentified vehicle. The primary judge found that the claimant's husband was travelling at 90 km/h or above on a 100 km/h roadway and that speed combined with the oil spill caused the accident. He found against the husband but not against the Nominal Defendant, the latter verdict based on an erroneous interpretation of the Motor Accidents Compensation Act 1999 (NSW).

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