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Judgment date
Case number
S493/2004
Before
Gleeson CJ, McHugh, Gummow, Kirby, Hayne, Callinan, Heydon JJ
Catchwords
Torts – Negligence - Duty of care - Breach of duty - Foreseeability of risk of injury - Local authority - Power of care, control and management of natural reserve - Person suffered injury when diving into a body of water - Whether a reasonable local authority would have erected signs warning against the dangers of diving - Relevance of obviousness of risk to questions of duty and breach.
Local Government Act 1919 (NSW).
Ordinance No 52 under the Local Government Act 1919 (NSW) – cll 8, 29(a)-(b).