The Supreme Court of New South Wales in Weber v Greater Hume Shire Council rejected a class action brought as a result of property damage attributable to a fire emanating from a Council controlled landfill.

Walton J found the risk of fire from a little used tip was foreseeable and also that Council’s management of the tip fell below standards. Nonetheless without proof as to what triggered initiation of the fire, in the face of extreme weather conditions the class members could not prove Council’s breach caused their loss.

Mills Oakley successfully represented Greater Hume Shire Council in these proceedings.

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