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

The High Court of Australia considered a dispute between the Electricity Networks Corporation trading as Western Power and Mr. Herridge and other respondents. The core of the disagreement concerned the interpretation and application of certain provisions within the *Electricity Corporations Act 1994* (WA) and the *Land Administration Act 1997* (WA), specifically in relation to the rights and obligations of Western Power concerning its electricity infrastructure on private land.

The central legal questions before the High Court were whether Western Power had acquired an easement by prescription over the respondents' land for the purpose of maintaining and operating its electricity infrastructure, and if so, whether the respondents were entitled to compensation for the use and occupation of their land by Western Power. The Court also had to determine the proper interpretation of the statutory provisions governing the acquisition of rights by electricity corporations over private land and the circumstances under which compensation might be payable.

The High Court ultimately held that Western Power had not acquired an easement by prescription. The Court reasoned that the relevant statutory framework, particularly the *Electricity Corporations Act 1994* (WA), provided a comprehensive regime for the acquisition and regulation of rights concerning electricity infrastructure on private land, which displaced the common law doctrine of prescription. The Court found that Western Power's rights were governed by the specific provisions of that Act, which did not grant an easement by prescription and did not, in the circumstances, entitle the respondents to compensation for the existing infrastructure. The Court emphasised that the statutory scheme was intended to balance the public interest in electricity supply with the rights of landowners.