Moot point

The Appellant, EDC, now appeals to the Court of Appeal on the following grounds:

That the damage to CCH's property was not caused by the Appellant, nor was it foreseeable (and thus too remote). As such, damages to CCH's property are not recoverable from the Appellant.

The Appellant has already conceded that, if the court holds that the damage to the property was caused by the Appellant, and that it was foreseeable, liability will be established.