Determining Causation - the High Court rules on consumption of hot chips

Judgment date: 7 March 2012

Strong v Woolworths Limited [2012] HCA 5

High Court¹

• The determination of factual causation under s 5D(1)(a) of the Civil Liability Act 2002 (CLA) is a statutory statement of the "but for" test of causation. That is, the plaintiff would not have suffered injury but for the defendant's negligence.
• Under the statute, factual causation requires proof that the defendant's negligence was a necessary condition of the plaintiff's injury.
• The onus of proof can be discharged by consideration of the probabilities in circumstances where the evidence does not establish when a spillage occurred.

Background

CPT Manager Limited (CPT) was the owner of the Centro Taree Shopping Centre. Woolworths Limited (Woolworths) operated a supermarket and a Big W store on level one of the shopping centre. Pursuant to the lease of the Big W store, Big W had an exclusive right to conduct "sidewalk sales" in an area at the front of the shop.