Wirra Wirra Council telephones cultural heritage experts, Malya Pty Ltd, seeking advice as to whether the Council is required to obtain a Cultural Heritage Management Plan ("CHM Plan") under relevant legislation. The Council explains to Malya's senior adviser that works are planned to replace and widen a road in an area near where Aboriginal artefacts were recently discovered. Based on what was discussed during the telephone conversation, the senior adviser stated that a CHM Plan would not be necessary. However, in giving the advice, the senior adviser did not seek all of the necessary details and did not make the necessary enquiries. The Council proceeds with the road works, but unfortunately disturbs Aboriginal artefacts. The road works are stopped by the State Government authority and the Council is fined $25,000 for not obtaining a CHM Plan before commencing the works. Council will also need to redesign the road works and will incur losses and additional costs as a result, in excess of $500,000. Advise Wirra Wirra Council whether Malya Pty Ltd owes Wirra Wirra Council a duty of care in the tort of negligence. Do not discuss other elements of the tort of negligence when answering this question. Please ensure that you use relevant legal principles and authority in support of your answer (ie. cases and/or legislation). evigilation.monash.eduE #8198185. BC 123 gilation.mon. BTF1010 Busin. PWeek 6 Lecture.. W week 6 - Ris.. TH