Austin v The Electricity Networks Corporation

In the appeal case of Austin v The Electricity Networks Corporation, the appellant, Mr Austin, sought damages for injuries sustained from an electric shock while removing electrical wire from a disused quarry with the intention of selling it as scrap metal. The quarry, once operated by Boral Resources (WA) Ltd, had been dormant since 1998, and the electricity supply, owned by the respondent, the Electricity Networks Corporation, was still active. The appellant's claim for damages was contested on the basis that the injuries were a consequence of his engagement in criminal conduct. The central legal issues were whether the injuries were a result of criminal conduct under s 5(1) of the Offenders (Legal Action) Act 2000 (WA) and whether the appellant had an honest claim of right under s 22 of the Criminal Code (WA).

The Court of Appeal assessed whether the injuries were a direct result of the criminal activity of collecting scrap metal from the disused quarry. It was established that the appellant was aware of the 'No Unauthorised Entry' signs at the site, which indicated the quarry's status as off-limits. The Court found that the appellant's actions in collecting and attempting to sell the scrap metal constituted criminal conduct. Given that the injuries occurred while engaging in this illegal activity, the respondent's defence under s 5(1) of the Offenders (Legal Action) Act was upheld. The appellant's claim for damages was therefore dismissed.

The Court of Appeal concluded that the respondent had successfully defended the appellant's claim for damages under the provisions of the Offenders (Legal Action) Act 2000 (WA). The appeal was dismissed, and the primary judge's decision was affirmed. The court ordered that the appellant take nothing by way of his claim against the respondent.