Graham Barclay Oysters Pty Ltd v Ryan [2003, Australia]

Facts

  • Flooding polluted the lake in which the claimant grew Oysters
  • More than 400 people across Australia contracted Hepatitis A
  • The claimant attempt to sue the local authority for his losses

Issue

  • Could the local authority be held responsible for not acting upon the contamination

Decision

  • No liability

Reasoning

  • How flooding was managed was a public authority decision, so no duty to the state
  • No duty owed to council as they had no control over the contamination
RELATED CASE  Ashley v Chief Constable of Sussex Police [2008]

Posted in Tort Law Revision Notes.

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