A local council does not, by issuing fire safety orders under s 121B of the EPA Act, take on supervision of the entire building with respect to fire safety; cl 80C(3) of the EPA Regulation only requires the fire safety schedule to include statutory fire safety measures listed in cl 80A, which do not include stairways. A building owner who is aware of an obvious danger on its own premises and is able to remedy it is not vulnerable in the Woolcock Street sense, and the failure to prove vulnerability is fatal to a claim that a council owed a duty of care to prevent the owner from sustaining pure economic loss.
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