Whinfield v Lands Purchase and Management Board of Victoria and State Rivers and Water Supply Commission of Victoria [1914] HCA 49

HIGH COURT 1914.

(HIGH COURT OF AUSTRALIA.) WHINFIELD APPELLANT ;

PLAINTIFF, AND

THE LANDS PURCHASE AND MANAGE-

MENT BOARD OF VICTORIA anpD RESPONDENTS.

THE STATE RIVERS AND WATER SUPPLY COMMISSION OF VICTORIA DEFENDANTS,

ON APPEAL FROM THE SUPREME COURT OF VICTORIA.

H.C. or A. Fire—Duty to keep safe~Negligence—Camp fire lit in open—Permission of person

1914. yy Mrtzoure,

Sept. 16,17, 18, 22.

Griffith ©.J., Teaacs, Por Rich JJ.

having control of land—Fire for domestic purposes—Closer Settlement Act 1904 (Vict.) (No. 1962), sees. 4, 5—Water Act 1905 (Vict.) (No. 2016), sec. 28.

The Lands Purchase and Management Board of Victoria are constituted under the Closer Settlement Act 1904 as a body corporate for the purpose of acquiring Crown lands already alienated and disposing of them for the pur- pose of closer settlement, with powers of management pending sale. 'The land when acquired becomes Crown land as if it had never been alienated, and all sales and leases of it are made by the Crown, which under the Act is expressly treated as being in occupation of it, The State Rivers and Water Supply Commission of Victoria are constituted under the Water Act 1905 as a Government instrumentality charged with the duty of constructing and maintaining irrigation and drainage works, for which purpose they employ gangs of labourers, Several labourers belonging to a gang so employed by the Commission were camped on land which had been acquired by the Board under their powers, and a fire, lighted by one of the labourers for cooking purposes, by reason of his negligence spread to adjoining land and did a large amount of damage. '

Held, that neither the Board nor the Commission were liable to the owner of the adjoining land for the damage so occasioned. The Board were not

18 C.L.R.] OF AUSTRALIA.

liable because they had no authority to permit the occupation of the Crown land on which the fire was lighted, 'The Commission were not liable because, on the evidence, they did not occupy the land nor did they invite or direct the person who lit the fire to camp there.