Decided 24 March 1994 End date March 24, 1994 | Subsequent action(s) none | |
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Full case name Burnie Port Authority v General Jones Pty Ltd Citation(s) (1994) 179 CLR 520, [1994] HCA 13 Prior action(s) Mabo v The State of Queensland (1988) Similar Rylands v Fletcher, Dorset Yacht Co Ltd v Ho, Bolton v Stone, Hedley Byrne & Co Ltd v Hell, Donoghue v Stevenson | ||
Burnie port authority v general jones pty ltd 1994 179 clr 520
Burnie Port Authority v General Jones Pty Ltd (1994) 179 CLR 520 is a tort law case from the High Court of Australia, which decided it would abolish the rule in Rylands v. Fletcher, and the ignis suus principle, incorporating them generally into the tort of negligence.
Contents
Facts
A fire, caused by an independent contractor’s employee welding negligently, began on the defendant’s premises and spread to a nearby property. The property was burnt causing A$2.5M of damages. The plaintiff sued under ignis suus, nuisance, negligence and the rule in Rylands v. Fletcher (a rule of absolute liability), interpreted in part through the duty of occupier to invitee.
The defendant was Burnie Port Authority (Burnie), located in Burnie Tasmania, who provided storage facilities, and the plaintiff was General Jones who stored a large quantity of frozen vegetables. General suffered damage when the vegetables were ruined by fire which destroyed Burnie property.
Judgment
The High Court held that Rylands involved ‘quite unacceptable uncertainty’ (540). It said that Blackburn J’s formulation had been ‘all but obliterated by subsequent judicial explanations and qualifications’ (536). And at the time of Rylands, negligence liability was limited to ‘a miscellany of disparate categories of cases’ and only with Heaven v. Pender (1883) 11 QBD 503 and Donoghue v. Stevenson [1932] AC 562, 580 was liability grounded on general foreseeability (543). The justices therefore felt that the rule should be done away with and so the independent contractor was not liable under that, but could only be culpable in the law of negligence.
HCA Held: The appeal by Burnie was dismissed. Burnie, by allowing its contractor to introduce dangerous substances and activities on site, owed a duty of care to Jones to take reasonable steps to prevent fire, and the breach created liability under the normal rules of negligence, not "The rule in Rylands v Fletcher, with all its difficulties, uncertainties, qualifications, and exceptions, should now be seen ... as absorbed by the rules of ordinary negligence. Under those principles, a person who takes advantage of his or her control of premises to introduce a dangerous substance, to carry on a dangerous activity, or to allow another to do one of those things, owes a duty of reasonable care to avoid a reasonably foreseeble risk of injury or damage to the person or the property of another." per Mason CJ 120 ALR 42 page 67; [1994] HCA 13 paragraph 43.
The ignis suus (his or her fire) rule was held to be ancient common law that was modified by statute in the UK, but never became law in Australia.
Damages in the tort of nuisance were not pleaded in the HCA.