Expert evidence that negligent causes of a motor vehicle accident are no more likely than non-negligent causes will defeat the application of the res ipsa loquitur principle. Prior decisions holding that the principle 'can' apply to motor vehicle accidents do not establish that it must apply in every such case; the question is always one of fact on the evidence. In Victoria, the test for withdrawing a concession on appeal is whether the course of the trial would have been different and whether the interests of justice favour withdrawal — the Federal Court's 'exceptional circumstances' test does not apply.
The full text is available to signed-in members, including the 12 later cases that cite this judgment.
2 of the 12 citing cases carry a classified treatment. How each court treated it is available to signed-in members.