Australian Electrical Industries Pty Ltd v Marlborough

In *Australian Electrical Industries Pty Ltd v Marlborough*, the New South Wales Court of Appeal considered a dispute between Australian Electrical Industries Pty Ltd (the appellant) and Marlborough (the respondent). The case concerned the appellant's liability for damages arising from a fire that occurred at the respondent's premises.

The central legal issue before the Court of Appeal was whether the appellant had breached its duty of care to the respondent. Specifically, the court had to determine if the appellant's actions or omissions in relation to electrical work carried out at the respondent's premises caused or contributed to the fire, and if so, whether this constituted negligence.

The Court of Appeal found that the appellant had indeed breached its duty of care. The court applied the principles of negligence, focusing on the foreseeability of harm and the reasonableness of the appellant's conduct. It was held that the appellant ought to have foreseen the risk of fire arising from the electrical work it performed and that its failure to take adequate precautions constituted a breach of its duty. The court's reasoning emphasised the importance of competent and careful execution of electrical installations to prevent foreseeable damage.

The Court of Appeal allowed the appeal, setting aside the trial judge's finding of no liability and remitting the matter to the Supreme Court for assessment of damages.