Robinson, Francis & Procter, 2018, adapted from Sappideen and Stillman (1995) No Tolerable Level of Risk. foreseeable. 119. Thompson v Woolworths (Queensland) Pty Ltd (2005) 221 CLR 234 at [37] Vairy v Wyong Shire Council [2005] HCA 62. The existence of foreseeability alone does not dispose of the question of duty – the other factors must be considered. Wyong Shire Council v Shirt. 1973.Willis, John --- "Mount Isa Mines Ltd v Pusey (1971) 45 ALJR 88" [1971] MelbULawRw 18; (1971) 8(2) Melbourne University Law Review 329. 119. Shirt, who was a novice ski enthusiast, without any considerable experience in water skiing, decided to ski in the deep waters of the lake. To conclude, it was held that the creeks primary concern along with the jetty and Shire was to ensure that reasonable care was exercised when it comes to bating in the channel and lake, and any increase in the utility, due to the channel being used as a water skiing circuit, the Shire was not required to make any fresh arrangements for the ski enthusiasts, as that was not the Shire’s original purpose (Maloney v. Commissioner for Railways, 1978). Now, when the case was tried in the lower court, the arguments put forth by both the parties were rather quite fair and reasonable. Wyong Shire Council v Shirt. Shirt defendant avoided liability on the basis of the second limb of the. Facts The plaintiff was a constable in the Police Service of NSW. Pickolas Cage, Ugandan Knuckles, Harambe, Spongebob, and Jonah from Tonga JJ. Available at: https://www.jstor.org/stable/1339623?seq=1#page_scan_tab_contents[Accessed 15 September 2016]. Students are not to copy or submit them as is. [Accessed 16 September 2016]. Fairness and Utility in Tort Theory.The Harvard Law Review Association, [Online]. Shirt required a defendant to have regard to risks that were not far fetched or fanciful. Wyong Shire Council v Shirt is a case between plaintiff Shirt and defendant Wyong Shire council. Upon investigation it was discovered that even prior to the dredging operations had been carried out in the channel, with a reasonable risk, ski enthusiasts were in fact using the channel. The test is one of reasonable foreseeability. In the case of Vairy v Wyong Shire Council, the High Court dismissed the appeal in a 4:3 split decisions in which Vairy had failed in his bids to recover damages from the public authority in circumstances where there had been an alleged failure to warn of a risk of injury in … If the damage was reasonably foreseeable by the defendant then liability will flow ... See Wyong Shire Council v Shirt (1980) 146 CLR 40; 29 ALR 217 NB Relevance of vicarious liability must be also considered. LWZ116 Lecture Notes - Lecture 5: Tort, Wyong Shire, Breach (Security Exploit) 26 views 5 pages. Once it has been established that foresee ability was in fact possible and that by taking standard care, the defendant could have avoided the dire consequences that ensued. Wyong Shire Council also undertook the dredging project, due to the water bed of the channel which was insufficient for carrying out successful water-sport activities. . Court Reasonable foreseeability of risk. In 1980, Shirt, who was an inexperienced water ski enthusiast, decided to ski in the deep waters since it is easier to ski in deep waters. In regard to foreseeability, Mason J said, at 47: “A risk of injury which is quite unlikely to occur . Disclaimer: The reference papers provided by TotalAssignmentHelp.com should be used as model papers only. (Wyong Shire Council v Shirt) 3. 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