EVENT: The implications of the High Court decision in Electricity Networks Corporation t/as Western Power v Herridge Parties & Ors [2022] HCA 37 [VENUE BASED EVENT]

Description

On 7 December 2022, the High Court of Australia delivered its decision in Electricity Networks Corporation t/as Western Power v Herridge Parties & Ors [2022] HCA 37.

It is Australia’s most recent leading High Court authority on the circumstances in which the failure of a statutory authority to exercise a statutory power gives rise to a breach of a common law duty of care.

The case relates to the Parkerville bushfire which occurred in January 2014 and destroyed no less than 57 homes.

A jarrah pole fell on land owned by one Mrs Campbell to which the electricity cable and other apparatus of Western Power were attached, causing electrical arcing and igniting dry vegetation at the base of the pole.  The jarrah pole was installed by Mrs Campbell’s late husband in approximately 1983 and was a privately owned pole, which had never been maintained.

When the matter went to trial:

1. LeMiere J held Mrs Campbell to be liable to the Plaintiffs together with Western Power’s sub-contractor, Thiess (whose employees did not properly inspect the pole 6 months before, when connecting an aerial service cable which the pole supported (“2013 Works”));
2. Western Power was held not liable on the basis that it properly delegated the 2013 Works to Thiess.
3. On appeal to the Western Australian Court of Appeal, Western Power was held to be liable on the basis that it had not conducted periodic inspections of the consumer pole which supported its infrastructure.  Western Power appealed to the High Court of Australia.

The crisp issue for determination by the High Court was whether the statutory scheme was inconsistent with Western Power owing a common law duty of care to the Plaintiffs.  The High Court held in favour of the Plaintiffs.

Our guest speaker Paul Mendelow was Counsel for two sets of the insured plaintiffs (IAG and Allianz) in the seven week trial before LeMiere J, in the five day appeal before the Western Australian Court of Appeal, in the special leave application to the High Court of Australia and in the three day High Court Appeal heard in September 2022.

PLEASE NOTE THIS EVENT IS BEING HELD AT THE MELBOURNE, PERTH

Time

7:15am Registration 
7:30am Breakfast & Presentation 
8:45am Conclusion

Cost

Members $70.00
Non-Members $90.00

Registration

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