Carnarvon Electric Light and Power Co Ltd v Boor

John Arthur Boor (the plaintiff) brought an action in the Carnarvon Local Court against the Carnarvon Electric Light and Power Co. Ltd. (the defendant) seeking damages for breach of contract and statutory obligation. The plaintiff alleged that the defendant had refused to supply him with electric current for his theatre, preventing him from operating his biograph machine, and also claimed damages for trespass. The presiding Magistrate found in favour of the plaintiff, awarding damages, and this decision was upheld on appeal by the Supreme Court of Western Australia. The defendant then sought special leave to appeal to the High Court.

The legal issues before the High Court were whether the Supreme Court of Western Australia had erred in upholding the Magistrate's finding that an implied contract existed between the parties for the supply of electricity, and whether the defendant had breached this contract or its statutory obligations under section 29 of the Electric Lighting Act 1892 (W.A.). Section 29 stipulated that where electricity was supplied in a locality for private purposes, all persons within that locality were entitled to a supply on the same terms as others in similar circumstances.

The High Court, comprising Griffith C.J., considered the application for special leave to appeal. The Court noted that the Supreme Court had affirmed the Magistrate's conclusion that an implied contract for the supply of electricity existed and that the defendant had not provided sufficient justification for terminating this supply. Griffith C.J. expressed that he saw no reason to doubt the correctness of the Supreme Court's decision.

Consequently, the High Court refused the application for special leave to appeal.