Vairy v Wyong Shire Council

[2005] HCA 62
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).

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