March v E & MH Stramare Pty Ltd [1991] HCA 12

High Court of Australia Mason C.J. Deane, Toohey, Gaudron and McHugh JJ. March v E & MH Stramare Pty Ltd [1991] HCA 12

ORDER Appeal allowed with costs. Set aside the orders of the Full Court of the Supreme Court of South Australia other than the order dismissing the cross-appeal and the order that the plaintiff pay the costs of the cross-appeal and, in lieu thereof, order that the appeal to that Court be dismissed with costs.

Cur. adv. vult.

The following written judgments were delivered:—

1991, April 24 Mason C.J.

Like McHugh J., I would allow this appeal but my reasons for taking this course are rather different from those stated by his Honour as I do not accept that the "but for" (causa sine qua non) test ever was or now should become the exclusive test of causation in negligence cases.

The comprehensive statement of the facts contained in the reasons for judgment prepared by McHugh J. makes it unnecessary for me to do more than sketch the circumstances. The appellant sued to recover damages for personal injuries sustained when, on 15 March 1985, at or about 1.00 a.m., the offside of the front of his motor vehicle struck the nearside rear of the tray of a truck, owned by the first respondent, which was parked along the centre line of Frome Street, Adelaide. The second respondent had parked the truck in that position for the purpose of loading it with large wooden bins containing fruit and vegetables from premises in Frome Street where the first respondent carried on business as a wholesale fruit and vegetable merchant. The appellant was travelling south in the lane closest to the centre line of the road, there being three southbound lanes. The rear of the truck, with its parking and hazard lights illuminated, faced the southbound traffic and about one-half of the width of the truck projected into the lane in which the appellant was travelling.