ON 26 JUNE 1990, the High Court of Australia delivered Malec v JC Hutton Pty Ltd  HCA 20; (1990) 169 CLR 638 (26 June 1990).
When assessing damages for events that would or would not have occurred, or might or might not have occurred, the approach is different to that for events which have occurred.
A court determines on the balance of probabilities whether or not an event has occurred. For events that would have or might have occurred, the court is to adjust the award of damages to reflect the degree of probability of that event occurring.
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