Electricity Networks Corporation v Herridge Parties

The case of *Electricity Networks Corporation v Herridge* involved the Electricity Networks Corporation (Western Power) as the appellant, and the Herridge Parties and IAG/Allianz Parties as respondents. The dispute arose from a bushfire allegedly caused by the collapse of a pole owned by a fourth respondent, Mrs Campbell, to which Western Power had attached electrical infrastructure. Western Power had contracted the fifth respondent, Thiess, to undertake works in the vicinity, and an employee of Thiess allegedly failed to adequately inspect the pole, leading to its failure and the subsequent fire. The central question was whether Western Power owed a duty of care to persons in the vicinity of its electricity distribution system to avoid or minimise the risk of injury and property damage from fire.

The High Court of Australia was required to determine the existence and scope of Western Power's duty of care in the context of its statutory functions and powers. Specifically, the court considered whether Western Power owed a duty to take reasonable care to prevent fires caused by the failure of its infrastructure, particularly when it had engaged a contractor to perform work on that infrastructure. The court also examined whether any such duty was non-delegable, as contended by the respondents in their applications for special leave to cross-appeal.

The High Court reasoned that Western Power possessed ample statutory powers to discharge any duty of care it might owe. These powers included the ability to enter land, maintain its undertakings and facilities, and take necessary actions for repair and maintenance. The court found that these powers were not inconsistent or incompatible with the existence of a duty of care to prevent foreseeable harm. The appeal was dismissed, and the applications for special leave to cross-appeal were refused, indicating that the court did not find grounds to interfere with the lower court's decision regarding the duty of care.

Consequently, the High Court ordered that the applications for special leave to cross-appeal filed by the Herridge Parties and the IAG/Allianz Parties be refused with costs. The appeal by Western Power was also dismissed with costs, and Western Power was ordered to pay the costs of the First, Second, Fourth, and Fifth Respondents.