FACTS
The Matter of Electricity Networks Corporation v Herridge Parties [2022] HCA 37 involved a dispute over loss and damage resulting from a bush fire in Parkerville, Western Australia. The fire was caused by an electrical power pole being affected by fungal decay, on a private property serviced by a private contractor, employed by Western Power.
Certain inspection procedures, intended to detect decay, had not been followed by the contractor, and the trial judge found that Western Power had a duty to take reasonable care to inspect the PA pole to ascertain whether it was in a safe and fit condition for use in the supply of electricity.
The matter was then appealed to the Western Australian Supreme Court of Appeal, with the finding being that Western Power owed to persons in the vicinity of its electricity distribution system a duty to of care to avoid or minimise the risk of ignition and spread of fire in connection with the delivery of electricity.
Western Power then sought special leave to appeal to the high court on the basis that the Court of Appeal erred in holding that Western Power owed a duty of care requiring it to have a system for inspecting wooden point of attachment poles owned by consumers.
ISSUE
Whether Western Power had a duty of care extending to the inspection of fascilities on consumer property?
FINDING
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