While it is only a trial judge decision, the facts of this case provide, I think, a neat illustration of the way that duty of care in negligence is limited. In Taha v Shaq Industries Pty Ltd & Ors [2012] VSC 30 (9 February 2012) http://www.austlii.edu.au/au/cases/vic/VSC/2012/30.html the plaintiff had arranged for some demolition work to be done on a house he owned, but the contractor got the address wrong and demolished another property he owned! While the demolition was in progress a police officer was called by some neighbours- when he he arrived he simply asked to see the contractor's driver's licence and went away without making any more inquiries. The house was demolished, and in an action involving the contractors the State of Victoria was joined as liable for the police officer's failure to make further inquiries and to stop the unauthorised demolition. The trial judge recites the many cases which would preclude the action succeeding, but in the end allows the plaintiff one more chance to re-plead.

I don't hold much hope for the claim against the State succeeding. Yes, the police officer could have done more- but it seems that legally speaking he had no duty to do so.

Regards

Neil