The Wyong Shire Council v Shirt evaluative process applies to determine breach of duty by an occupier of a waste disposal site in relation to fire escape, and the fact that local community members did not respond to smouldering material is not determinative of the standard of care. The licensing provisions under Part V of the Environmental Protection Act 1986 (WA) are directed at pollution control and do not create a private cause of action for property damage caused by fire escaping from a licensed premises. In omission cases where causation depends on hypothetical conduct of an employee, the court may draw inferences from objective facts and probabilities, including the employer-employee relationship and the capacity to prescribe and enforce directives.
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