Section 5C(2) of the Civil Liability Act 2002 (WA) (material contribution) is confined to cases where factual causation 'cannot' be established because of the nature of the case (such as indivisible disease from multiple exposures), not merely where the evidence 'does not' establish it. In a circumstantial causation case, evidence of possibilities in relation to individual primary facts does not vitiate an ultimate finding of causation on the balance of probabilities where the trial judge draws the inference from the totality of the evidence. The metes and bounds of what constitutes an 'appropriate case' under s 5C(2) remain to be determined.
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