Megan's business as an event organiser has taken a financial battering over the last two years as a result of the COVID pandemic, however she now believes that she has an opportunity to get the business moving again. She has spent an enormous amount of time over the last four months planning and arranging a Celebration Spectacular festival and concert in Coffs Harbour, on the north coast of NSW, to mark the end of the lockdowns in the state. She has managed to book the International Stadium with a 30,000 person capacity for the event, and has secured a number of popular and well-known groups to perform. It seems that everyone in the state has had enough of lockdowns and the restrictive limits on everyday lifestyle, and she has been inundated with calls from groups wanting to be involved in the concert.

Megan realises that this is still a fluid and uncertain time in terms of many of the NSW State Government's restrictions, and wants to make sure she fully complies with them all. She contacts the NSW Health office in Coffs Harbour for guidance and speaks with Dan, the local Regional Manager. Dan tells her that the Local Health Orders ('LHO') as they stand at the time for regional NSW will permit the concert to occur, but the International Stadium will be restricted to 50% capacity, and he formally confirms this restriction in writing for her on NSW Health letterhead. This obviously disappoints Megan, but she calculates that, if she makes some modest cuts to her budgeted expenses, she can still make a reasonable profit with 15,000 attendees, and so she decides to continue with the concert's preparations.

Tickets go on sale for the concert and they are enormously popular. All 15,000 tickets are sold out in the first day, with many thousands more potential attendees being disappointed.

After the concert, it is brought to Megan's notice that Dan had made an error. The NSW Government had totally lifted all restrictions on public outdoor events two weeks before Megan had approached Dan for advice. The government decision had been based on recommendations from NSW Health, and an urgent priority notice had been distributed to all regional offices of NSW Health the same day. It seems that Megan would have been allowed to have 30,000 people attend her event under the amended LHO.

Using IRAC advise Megan if she has any cause of action she can take against Dan or his employer. Support your answer with statute or case law.