Dedousis v The Water Board

The High Court of Australia heard an appeal in *Dedousis v The Water Board*. The dispute concerned the appellant's claim for damages against the respondent for personal injuries allegedly sustained as a result of the respondent's negligence. The appellant alleged that the respondent, a statutory authority responsible for water supply, had failed to take reasonable care in the maintenance of a water pipe, leading to a burst pipe and subsequent damage to the appellant's property and personal injury.

The central legal issue before the High Court was whether the respondent owed a duty of care to the appellant in relation to the maintenance of its water pipes, and if so, whether that duty had been breached. The court was required to consider the scope of the respondent's statutory functions and whether the common law duty of care extended to the specific circumstances of the appellant's claim, particularly in light of the potential for indeterminate liability.

The High Court, in a joint judgment, affirmed that statutory authorities, while exercising statutory powers, can owe a duty of care at common law. The court reasoned that the respondent's statutory duty to supply water did not preclude a common law duty to exercise reasonable care in the maintenance of its infrastructure to prevent foreseeable harm to individuals. The court found that the risk of a burst pipe causing damage and injury was a foreseeable consequence of failing to maintain the pipes adequately. The court applied the principles established in *Anns v Merton London Borough Council* and *Sutherland Shire Council v Heyman*, focusing on the proximity between the parties and the reasonableness of imposing a duty of care in the circumstances. The court concluded that the respondent had breached its duty of care.

The High Court allowed the appeal, setting aside the judgment of the lower court and remitting the matter to the Supreme Court of New South Wales for assessment of damages.