Bennett and Waterford v Icon Water Limited ACN 069 891 960 (Energy and Water)

The matter before the tribunal involved Bennett and Waterford, who lodged a complaint against Icon Water Limited concerning unusually high water bills. The dispute centred on whether there was an undetected leak or a fault in the meter, resulting in the inflated charges. This case was heard in the Energy and Water division of the tribunal.

The primary legal issues the tribunal needed to address were whether the unusually high water bills were due to a fault in the meter or an undetected leak and whether Icon Water Limited had failed to provide a bill that was reasonably or reliably based on a meter reading, in violation of the Consumer Protection Code and the Water Metering Code. The tribunal was also required to determine whether prima facie evidence of supply had been established.

The tribunal found that there was a fault in the meter, which had caused the unusually high water bills. It held that Icon Water Limited had not provided a bill that was reasonably or reliably based on a meter reading, as required by the Consumer Protection Code. The tribunal concluded that the applicants had presented prima facie evidence of supply. Consequently, the tribunal ordered Icon Water Limited to withdraw the account issued on 8 January 2021 and to accept the $480 paid by the applicants as a reasonable estimate of usage for water consumption charges for the period from 14 July 2020 to 14 November 2020. Additionally, the tribunal recommended that the Minister consider addressing systemic problems related to water metering.