Shorland Fisheries Pty Ltd & Ors v Vic

[2026] VSC 29

Supreme Court of Victoria

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For Australian Law.

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Interrogate

Catchwords

1. Negligence
2. › Duty of care
3. › Pure economic loss
4. › Public servants
5. › Crown leases granted without compliance with statutory notice requirement
6. › Whether public servants owed duty of care to commercial fishers whose fishing rights were affected
7. › Salient features analysis
8. › Land Act 1958 (Vic), s 137
1. Negligence
2. › Breach of duty
3. › Public servants
4. › Failure to comply with statutory advertising requirement
5. › Whether breach of duty established
1. Negligence
2. › Causation
3. › Loss of opportunity to fish
4. › Whether loss caused by breach
5. › Assessment of damages for pure economic loss
6. › Past and future loss of profits
1. Estoppel
2. › Issue estoppel
3. › Whether fact determined in earlier judicial review proceeding precluded defendant from denying that fact
4. › Whether finding was an ultimate issue in earlier proceeding
5. › Finding not ultimate issue at first instance but central to appeal

Quick Take

Public servants involved in the grant of Crown leases may owe a duty of care to persons whose interests are affected by the lease, where the statutory framework requires notification to such persons and the public servants are aware of those interests. The salient features analysis supports imposition of a duty to avoid pure economic loss in such circumstances.