Snorkel Elevating Work Platforms Pty Ltd and Snorkel Elevating Work Platforms Limited v Borren Metal Forming Limited

[2010] ACTCA 23

ACT Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Negligence
2. › Causation
3. › Factual causation
4. › Whether breach of duty materially contributed to injury
5. › Whether prima facie inference of causation arises from breach coupled with injury within area of foreseeable risk
6. › Whether evidentiary onus shifts to defendant
7. › Gap in evidence as to force applied to component
1. Negligence
2. › Causation
3. › Common sense causation
4. › March v Stramare test
5. › Whether under-strength component was a cause of accident where component subjected to forces it was never designed to bear
6. › Whether cause too remote
1. Contract
2. › Breach of contract
3. › Causation of damage
4. › Whether damages were natural consequence of breach within contemplation of parties
5. › Supply of defective component to machine that malfunctioned independently
1. Appeal
2. › Civil appeal
3. › Adequacy of reasons
4. › Whether deficiency in trial judge's reasons warrants appellate intervention where correct conclusion reached

Quick Take

The prima facie inference of causation (breach of duty coupled with injury within the area of foreseeable risk) does not arise where the specific risk that eventuated was not the risk created by the breach, and where the factual matrix makes it impossible for either party to prove or disprove what force caused the damage. A component that fails due to forces it was never designed to bear does not establish causation merely because the component was under-strength, even where the under-strength nature meant it would break sooner under such forces.