Electricity Networks Corporation Trading as Western Power v Herridge Parties & Ors

The High Court of Australia considered an appeal from the Supreme Court of Western Australia in a dispute between Electricity Networks Corporation trading as Western Power and Mr. Herridge and other respondents. The core of the dispute concerned the interpretation of a statutory indemnity provision within the *Electricity Corporations Act 1994* (WA) and its application to claims brought by the respondents against Western Power.

The central legal issue before the High Court was whether the indemnity provided by section 129(1) of the *Electricity Corporations Act 1994* (WA) extended to protect Western Power from liability for claims arising from its own negligence. Specifically, the Court had to determine the scope and effect of the statutory indemnity in circumstances where the respondents alleged they had suffered loss due to Western Power's negligent conduct in relation to the supply of electricity.

The High Court held that the indemnity provision in section 129(1) of the *Electricity Corporations Act 1994* (WA) did not operate to indemnify Western Power against liability for its own negligence. The Court reasoned that for a statutory indemnity to extend to cover the indemnitee's own negligence, the language of the statute must be clear and unambiguous, demonstrating a manifest intention by the legislature to provide such an indemnity. In this instance, the Court found that the wording of section 129(1) did not meet this high threshold, and therefore, Western Power could not rely on the indemnity to escape liability for its alleged negligent acts. The appeal was dismissed.