Board of Fire Commissioners (NSW) v Ardouin [1961] HCA 71

Board of Fire Commissioners (NSW) v Ardouin [1961] HCA 71

The appeal was dismissed because the plea did not disclose a defence under s. 46. Driving a fire brigade vehicle on a public street to reach a fire was not the exercise of a statutory power conferred by the Fire Brigades Act, 1909-1956 N.S.W.; it was, at most, incidental to the performance of duties under ss. 19 and 28 and required no special statutory authority. The requirement to proceed with all speed did not displace the duty to exercise reasonable care for road users. Accordingly, s. 46 did not exempt the Board from liability for negligence alleged in the driving of the vehicle.

Jurisdiction
Australia
Procedural Posture
Negligence Action Concerning a Road Collision Involving a Fire Brigade Vehicle / Appeal by Leave to the High Court From a Supreme Court Judgment Sustaining the Plaintiff's Demurrer to the Defendant's Plea
Outcome
Appeal dismissed with costs.
Legal Topics
['liability of Fire Brigade Authority' 'statutory Immunity' 'bona Fide Exercise of Statutory Powers' 'duty of Care in Emergency Driving' 'demurrer']
['tort Law' 'negligence' 'statutory Interpretation' 'public Authorities'] ['liability of Fire Brigade Authority' 'statutory Immunity' 'bona Fide Exercise of Statutory Powers' 'duty of Care in Emergency Driving' 'demurrer']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Negligence Action Concerning a Road Collision Involving a Fire Brigade Vehicle / Appeal by Leave to the High Court From a Supreme Court Judgment Sustaining the Plaintiff's Demurrer to the Defendant's Plea

Legal Issues

  1. 1 ['Whether s. 46 of the Fire Brigades Act, 1909-1956 N.S.W. provided a defence to a negligence claim arising from the driving of a fire brigade vehicle on a public street while proceeding to a fire.' 'Whether ss. 19 and 28 of the Fire Brigades Act, 1909-1956 N.S.W. conferred a relevant statutory power to drive on a public highway so that damage caused by such driving was damage caused in the bona fide exercise of powers under s. 46.' 'Whether the duty to proceed to a fire with all speed removed or qualified the common law duty to take reasonable care for other road users.']

Ratio Decidendi

The appeal was dismissed because the plea did not disclose a defence under s. 46. Driving a fire brigade vehicle on a public street to reach a fire was not the exercise of a statutory power conferred by the Fire Brigades Act, 1909-1956 N.S.W.; it was, at most, incidental to the performance of duties under ss. 19 and 28 and required no special statutory authority. The requirement to proceed with all speed did not displace the duty to exercise reasonable care for road users. Accordingly, s. 46 did not exempt the Board from liability for negligence alleged in the driving of the vehicle.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed with costs.']