Weber v Greater Hume Shire Council

In *Weber v Greater Hume Shire Council*, the New South Wales Court of Appeal considered an appeal by Sharon Patricia Weber, as representative plaintiff, against the Greater Hume Shire Council concerning a fire that escaped from the Council's waste disposal tip. The plaintiff alleged the Council was negligent in its operation of the tip, leading to the escape of fire and subsequent damage.

The Court was required to determine whether the Council owed a duty of care to the plaintiff and other landowners in the vicinity of the tip, and if so, whether that duty had been breached. Key issues included whether the Council had taken adequate precautions to prevent the escape of fire, considering its statutory powers and the allocation of its financial resources, and whether any breaches of duty caused the plaintiff's loss. The Court also considered the application of section 43A of the *Civil Liability Act 2002* (NSW), which relates to the exercise of statutory authority.

The Court of Appeal found that the Council did owe a duty of care and that its actions and omissions constituted a breach of that duty. Applying the principles of negligence, the Court reasoned that the Council had failed to implement reasonable precautions to manage the risk of fire escaping from the tip, despite being aware of the potential danger. The Court considered the Council's financial resources under section 42 of the *Civil Liability Act 2002* (NSW) but concluded that the failure to take basic precautions was unreasonable. The Court also found that the breaches of duty were a probable cause of the plaintiff's damage.

Consequently, the Court of Appeal granted leave to appeal, allowed the appeal, and set aside the previous orders. Judgment was entered for the plaintiff against the Council in the amount of $104,400 plus interest, with the Council ordered to pay the plaintiff's costs of the trial of the common issues. The proceedings were remitted to the Common Law Division to address outstanding matters.