It is not necessary that the breach of duty by Bluescope Steel be the sole or principal cause of the accident. Commonwealth v Amann Aviation Pty Ltd (1991) 174 CLR 64 at 80 per Mason CJ and Dawson J. Tabcorp Holdings Ltd v Bowen Investments Pty Ltd (2009) 236 CLR 272. By contrast, section 5D(1) seemingly did not allow for that approach. J Fleming The Law of Torts ( 3rd Ed, Law Book Co, Sydney, 1965) p 231. The “but for” test was considered to be not a definitive test of causation in negligence. And reasonably foreseeable March v E & MH Stramare Pty Ltd [1991] HCA 12 And not too remote Other cases supporting Re Dawson (deceased) [1966] 2 NSWR 211 and Caffrey v Darby (1801) 6 … ON THIS DAY in 1991, the High Court of Australia delivered March v Stramare (E & MH) Pty Ltd [1991] HCA 12; (1991) 171 CLR 506; (1991) 9 BCL 215 (24 April 1991). (1991) 171 … March v E & MH Stramare Pty Ltd [1991] HCA 12 at para 5 per Mason CJ. March v E. & M. H. Stramare Pty Ltd & Anor (1991) 171 CLR 506; [1991] HCA 12, cited Marks v GIO Australia (1998) 196 CLR 494; [1998] HCA 69, cited Munchies Management Pty Ltd v Belperio (1988) 58 FCR 274; [1988] FCA 413, cited N E Perry Pty Ltd v Judge (2002) 84 SASR 86; [2002] SASC 142 The test for causation at law is the common sense test set out in March v E & MH Stramare Pty Limited [1991] HCA 12; (1991) 171 CLR 506. Hardchrome Engineering Pty Ltd v Kambrook Distributing Pty Ltd [2000] VSC 359 at [446]ff. An occupier's liability Until a decision of the High Court in 1987 [ Australian Safeway Stores Pty Ltd v Zaluzna (1987) 162 CLR 479] , the law of negligence operated differently for occupiers of land. Macquarie Finance Ltd v Federal Commissioner of Taxation [2004] FCA 1170; 57 ATR 115 March v E & MH Stramare Pty Ltd [1991] HCA 12; 171 CLR 506 McAndrew v Federal Commissioner of Taxation [1956] 8GTKH[ XGTUKQP March v Stramare (E & MH) Pty Ltd [1991] HCA 12; 171 CLR 506 Perpetual Trustee Co Ltd v Milanex Pty Ltd (In liq) [2011] NSWCA 367 Piro v W Foster & Co Ltd [1943] HCA 32; 68 CLR 313 Ruddock v Taylor [2003] NSWCA 262; 58 NSWLR 269 Sellars v Adelaide Petroleum NL [1994] HCA 4; 179 CLR 332 March v E & MH Stramare Pty Ltd [1991] HCA 12 at para 15 per McHugh J for a similar list. March v Stramare (E & MH) Pty Ltd (1991) 171 CLR 506; [1991] HCA 12, cited McGhee v National Coal Board [1973] 1 WLR 1; [1972] UKHL 11, cited Medlin v State Government Insurance Commission (1995) 182 CLR 1 at 7; [1995] HCA 5, cited Roads and Traffic Authority v Royal (2008) 245 ALR 653; High Court decision of March v Stramare (E & MH) Pty Limited [1991] HCA 12. EH March v Stramare (E & MH) Pty Ltd:5 ‘The common law tradition is that what was the cause of a particular occurrence is a question of fact which “must be determined by applying common sense to the facts of each particular case”'. March v Stramare had adopted an approach to causation that was ‘ultimately a matter of common sense’, involving an element of value judgment. The Court applied its decision in March v Stramare (E & MH) Pty Ltd [1991] HCA 12; (1991) 171 CLR 506 at 515, 523 that the question of causation is one of fact to which common sense must be applied in the context of any particular case. March v E & MH Stramare (1991) 171 CLR 506 – examines causation of damage in negligence, holding that the ‘but for’ test of causation always required common sense in its application. 2 Commonwealth v Amann Aviation Pty Ltd (1991) 174 CLR 64 at 80 per Mason CJ and Dawson J. The Wagon Mound (No 1) & (No 2) – both remarkable cases factually (involving freak accidents on examining remoteness of damage and causation in negligence. whether the defendant's conduct caused the injury (this is called causation) [March v Stramare (E and MH) Pty Ltd [1991] HCA 12; (1991) 171 CLR 506].

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