To establish factual causation under s 5D(1)(a) of the Civil Liability Act 2002 (NSW) in a speeding case, a plaintiff is not required to establish the precise speed at which the defendant should have been travelling; it is sufficient to establish that the defendant was driving at a speed that prevented stopping within the limit of visibility and that driving at a safe speed would have avoided the collision. [name withheld] v [name withheld] is confined to its facts where the driver was within the speed limit and the accident was caused by a child dashing across the road. A primary judge's apportionment of contributory negligence will miscarry if the judge fails to undertake the comparative analysis of culpability and relative causal importance required by Podrebersek.
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