Shane purchased a small house on the South Coast near Kiama. Prior to his purchase he sent an email to the council and asked whether there were any road widening proposals in the vicinity of his house that would affect his local roads.

A junior employee was given the task of replying to the email. She replied and said, "there are currently no proposals regarding any road widening in the area you have indicated". She had checked with a junior planner in the planning department.

In fact, the State Government had sent a draft proposal two months earlier to the Director for Planning at the Council for a bypass that will go straight past Shane's house.

Shane seeks your advice

1. Does Shane have a remedy in tort law and if so, what cause of action would he have?
2. What cases would assist Steve in this situation?
3. Would provisions of the ACL apply in this case? Give your reasons either why or why not?