Australian Capital Territory v Bell

The case applies the established 'common sense' causation test from March v Stramare to a motorcycle accident caused by gravel on a road, confirming that a road user's reasonable braking response to an observed hazard does not break the causal chain even where expert evidence suggests the hazard could theoretically have been safely negotiated. The case also applies settled principles restricting new points on appeal, refusing leave where the new point (vicarious liability for an independent contractor) could have been met by further evidence at trial including evidence about the contractual relationship and the possibility of joining the contractor as a party.