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What a Nuisance! – Court refuses to consider claim against Statutory Body for nuisance without negligence

Weber v Greater Hume Shire Council [2018] NSWSC 667

The Supreme Court of New South Wales recently considered the liability of a Local Council in negligence and nuisance following a class action seeking compensation for property damage and personal injury, caused by a fire.

The class action failed as the Court concluded that the Council was not liable in negligence or nuisance on the basis that even if the Council had implemented adequate fire management plans, this would not have prevented the spread of the fire. The decision also confirmed that unless a statutory body is found liable in negligence, a claim in nuisance will also fail. 

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