Tort Law - Wyong Shire Council v Shirt (1980) 146 CLR 40; 29 ALR 217 at 221. The case of Wyong Shire Council v Shirt considered the issue of negligence and whether or not a council was negligent by erecting a sign in a local lake indicating deep water when in fact the water was shallow. The court examined the standard of care and whether or not.. Wyong Shire Council v Shirt: 1 May 1980. (High Court of Australia) Mason J: 'In deciding whether there has been a breach of the duty of care the tribunal of fact must first ask itself whether a reasonable man in the defendant's position would have foreseen that his conduct involved a risk of injury to the plaintiff or to a class of persons.

Wyong Shire Council v Shirt (1980) 146 CLR 40 — LawLife

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Wyong Shire Council v Shirt [1980] HCA 12; (1980) 146 CLR 40. Brodie, para 151. Ghantous v Hawkesbury City Council [2001] HCA 29. Ghantous (Kirby J) para 247. Ghantous (Kirby J) para 248. Waverley Municipal Council v Swain [2003] NSWCA 61. Enright v Coolum Resort Pty Ltd and Ors [2002] QSC 394.. Relevance. Wyong Shire Council v Shirt (1980) 146 CLR 40 provided the widely accepted test for breach of duty of care and the threshold for reasonably foreseeable risk.. Facts. The plaintiff was waterskiing on a lake when he had an accident which rendered him quadriplegic. He sued the local council and waterskiing club, claiming signs around a channel stating 'deep water' led him to.