“…12 The majority judgment of the High Court 13 characterised the content of this rule as being 'dictated by the caprices of unprincipled exceptions and qualifications'. 14 The majority judgment also noted with approval its repeal in the United Kingdom and quoted Lord Cooke of Thorndon who observed that '[a]bsolute immunity is in principle inconsistent with the rule of law but in a few, strictly limited, categories of cases it has been granted for practical reasons'. 15 Equally, the court felt that public authorities were obliged to exercise their statutory powers where those powers gave them 'such a significant and special measure of control over the safety of the person or property of citizens as to impose upon the authority a duty of care … In this regard, the factor of control is of fundamental importance'.…”