A finding that an activity is hazardous enough to attract a non-delegable duty of care under Burnie Port Authority does not relieve the plaintiff of the burden of proving breach; the plaintiff must still demonstrate a want of reasonable care. Where a pilot's unchallenged evidence establishes that weather conditions were assessed as suitable and an adequate buffer zone was maintained, a finding of negligence based solely on the hazardous nature of the activity cannot stand. A director and shareholder of a one-person company can be an 'employee' of that company for the purposes of the s 7 exemption in the Damage by Aircraft Act 1999 (Cth).
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