A finding at a liability trial that a plaintiff 'has suffered loss and damage by reason of the breach' does not constitute a determination of causation under s 51 of the Wrongs Act 1958 (Vic) where the particular harm has not been identified. Causation under s 51 depends upon identifying the 'particular harm' said to have been caused, and cannot be determined in the absence of particularisation of loss. A party who advances one of several alternative causation cases at a damages trial is bound by that choice and cannot seek to revive the abandoned alternative on appeal.
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