LEDERBERGER and Another (as executors of the deceased estate of LEDERBERGER) v MEDITERRANEAN OLIVES FINANCIAL PTY LTD and Others

38 VR 509·Nettle and Redlich JJA and Beach AJA
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38 VR 509
38 VR 509
LEDERBERGER and Another (as executors of the deceased estate of LEDERBERGER) v MEDITERRANEAN OLIVES FINANCIAL PTY LTD and OthersCourt of AppealNettle and Redlich JJA and Beach AJA17 August, 17 October 2012[2012] VSCA 262Contracts — Parties — Identification — Objective theory of contract — Parties’ conduct — Evidence — Admissibility — Distinction between relevance of conduct to identification issue and to interpretation of contract — Post-contractual conduct — Contracting parties’ tax returns — Deductions.

Section 51(1) of the Wrongs Act 1958 provided that a determination that negligence caused particular harm comprised two elements: (a) that the negligence was a necessary condition of the occurrence of the harm (factual causation); and (b) that it was appropriate for the scope of the negligent person’s liability to extend to the harm so caused (scope of liability).

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