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Pyranees Shire Council v Day [1998, Australia]

Facts

  • The fire service knew of a faulty fire and had sent a letter asking for rectification. They took no further action.
  • The claimant becoame the new owner of the property, and did not know about the dangerous fire place, using it anyway
  • A fire broke out from the faulty fire place, damaging the claimant’s property

Issue

  •  Did the fire service have a duty to follow up the fault with the new owners

Decision

  • No duty

Reasoning

  • Although there is a statutory duty which enables the fire service to do anything to prevent fires, they do not have an obligation to do anything
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