Catchwords
Negligence – Duty of care – Omission by public authority to exercise statutory powers – Absence of statutory duty – General reliance – Control – Reasonable foreseeability – Proximity – Policy considerations – Public duty – Mandamus – Whether municipal council under a public or common law duty to neighbouring property owners to take positive action to exercise its discretionary powers to notify of or remove fire-risks of which it is aware in order to prevent injury or property damage – Whether such duties are owed to occupiers.
Local Government Act 1958 (Vic), ss 695 (1A), 885, 891.