Woodhouse v Fitzgerald

(2021) 104 NSWLR 475; [2021] NSWCA 54

NSW Court of Appeal

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Interrogate

Catchwords

1. Torts
2. › Negligence
3. › Duty of care
4. › Scope of duty of landowner to neighbouring landowner for fire
5. › Controlled burn by Rural Fire Service on private land
6. › Reignition and spread of undetected fire
7. › Whether landowner liable
8. › Whether RFS exercised reasonable care
9. › Non-delegable duty
1. Torts
2. › Nuisance
3. › Private nuisance
4. › Controlled burning on rural land
5. › Whether controlled burning constitutes private nuisance
6. › Whether strict liability or fault required
7. › Reasonable user of land
1. Torts
2. › Negligence
3. › Non-delegable duty
4. › Escape of fire from land
5. › Vicarious liability for acts of independent contractor
6. › Whether landowner vicariously liable for conduct of RFS
7. › Civil Liability Act 2002 (NSW), s 5Q
1. Torts
2. › Property damage
3. › Apportionable claim
4. › Concurrent wrongdoers
5. › Whether party with statutory immunity can be concurrent wrongdoer
6. › Civil Liability Act 2002 (NSW), Pt 4, s 34
7. › Rural Fires Act 1997 (NSW), s 128

Quick Take

Controlled burns conducted by the RFS are a reasonable use of land and do not give rise to strict liability in nuisance; liability requires proof of failure to exercise reasonable care. Where the RFS has statutory immunity, it cannot be a concurrent wrongdoer for apportionment purposes, meaning the landowner bears full liability if negligence is established.