Leask Timber and Hardware Pty Ltd v Thorne

Leask Timber and Hardware Pty Ltd (the appellant) appealed to the High Court of Australia from a judgment of the Supreme Court of South Australia. The dispute concerned the appellant's liability for damages arising from a fire that destroyed the respondent's property. The respondent alleged that the fire was caused by the negligent storage of flammable materials by the appellant on its premises, which were adjacent to the respondent's land.

The High Court was required to determine whether the appellant had breached its duty of care to the respondent by storing flammable materials in a manner that created an unreasonable risk of fire spreading to the respondent's property. Specifically, the court had to consider whether the appellant's actions constituted negligence at common law, and if so, whether that negligence caused the damage suffered by the respondent.

The court found that the appellant had been negligent in its storage of timber and other flammable materials. It was established that the appellant had failed to take reasonable precautions to prevent the ignition and spread of fire, despite knowing the inherent risks associated with such materials. The court applied the principles of foreseeability and reasonable care, holding that the appellant ought to have foreseen the likelihood of a fire and taken steps to mitigate that risk. The appellant's failure to do so was deemed a breach of its duty of care to its neighbour.

The High Court dismissed the appeal, upholding the decision of the Supreme Court of South Australia. The appellant was therefore liable for the damages caused by the fire.