Where a plaintiff relies on circumstantial expert evidence to prove causation, the tribunal of fact is not bound to accept the experts' opinions, particularly where two experts advance inconsistent hypotheses that each undermine the other. The rejection of one competing hypothesis does not require acceptance of the other. The standard of proof on the balance of probabilities requires actual persuasion, not merely that a hypothesis cannot be excluded as impossible. The statutory causation test in s 5D of the Civil Liability Act 2002 (NSW) is in accord with common law principles.
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