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In a recent district court decision1, it was held that the rape of a woman was causally connected to the fact that she had broken her ankle weeks earlier at a CityRail station. As a result the defendant, the State Rail Authority of New South Wales (SRA), was held liable and damages awarded to the plaintiff.

In the secondary market class action context, we examine the implications of the Supreme Court of Canada's clarification of the leave threshold, and review some recent examples of successful defence strategies.