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Wyong Shire Council v Shirt

(1980) 146 CLR 40 · [1980] HCA 12

High Court of Australia · 1980

Qualified

Headnote

Established the Australian calculus of negligence: a risk is foreseeable unless it is far-fetched or fanciful, and breach is assessed by weighing the magnitude of the risk against the burden of precautions.

Bench

Stephen, Mason, Murphy, Aickin and Wilson JJ

Facts

A water-skier was seriously injured in shallow water near a sign reading 'DEEP WATER' placed by the council. He argued the sign misled him as to the depth of the channel.

Held

The council owed a duty of care and breached it. Foreseeability requires only that the risk not be far-fetched or fanciful; the response to the risk is then assessed by reference to competing responsibilities and the cost of alleviating action.

Key passage

“A risk of injury which is remote in the sense that it is extremely unlikely to occur may nevertheless constitute a foreseeable risk. A risk which is not far-fetched or fanciful is real and therefore foreseeable.”

146 CLR 40, 47-48 (Mason J)

Citation formats

AGLC full

Wyong Shire Council v Shirt (1980) 146 CLR 40, 47 (Mason J).

AGLC short

Shirt (1980) 146 CLR 40, 47.

Medium neutral

Wyong Shire Council v Shirt [1980] HCA 12.

Authorities considered

  • Donoghue v Stevenson

    [1932] AC 562

  • Overseas Tankship (UK) Ltd v Miller Steamship Co (Wagon Mound No 2)

    [1967] 1 AC 617