Energex Ltd v Sablatura

[2009] QSC 356

SUPREME COURT OF QUEENSLAND

CIVIL JURISDICTION

ATKINSON J

No 11963 of 2009

ENERGEX LIMITED	Applicant
and
BOHUSLAV SABLATURA	Respondent

BRISBANE

..DATE 04/11/2009

ORDER

HER HONOUR:  On 26 October 2009 the applicant, Energex

Limited ACN 078 849 055, applied to this Court for orders that  

the respondent, until trial or further order:

(a) permit the applicant, its employees, agents, workmen,

linesmen, contractors and others authorised by it, with or

without vehicles, plant and equipment of any description to

enter upon and remain, pass and repass, on and over Easement

B in lot 985 on SP 136604 being registered Easement in Gross

Number 707908910 burdening the land described as Lot 985 on

CP S312890, County of Stanley, Parish of Redcliffe (“the

Easement”) for the purposes of exercising its rights under the

easement; and

(b) be restrained, whether by himself or by his servants or

agents or otherwise, from interfering with or obstructing the

exercise of the rights of the applicant under the easement.

The application has become necessary because of the refusal of

the respondent to allow the applicant to attend to works on

the registered easement which the applicant has over the

respondent’s land and a Court order is necessary to enforce

the applicant's rights.  The applicant proposes to undertake work, upgrading the existing electricity network between the South Pine Substation at Brendale and the Hays Inlet Substation at Rothwell.  It involves, amongst other things, the duplication of Energex's existing power line between those two substations.

The evidence from Mr Forno, a Senior Network Risk and

Contingency Planning Engineer employed by the applicant, shows

that the works proposed, which are in the public interest, are

both urgent and necessary, particularly given the proximity of

summer demand.  His evidence graphically shows that unless the work proposed is carried out on the registered easement to upgrade the electricity connection, then there are both safety concerns, and an expectation that Energex will be compelled to conduct an emergency load shed during periods of peak requirements.

Electricity in this day and age is no longer a luxury but a

necessity.  Not only does the comfort and security of the

community and the needs of business rely upon it, but indeed

the lives of some citizens depend on the electricity supply

being maintained.  This is therefore a very serious matter in

need of urgent resolution.

A problem immediately faced by the applicant is not with its

substantive right to gain the order which it seeks, which it

plainly has, but rather with its having an effective

respondent to the application.

The respondent, Mr Sablatura, has been the subject of an

appointment made by the Guardianship and Administration

Tribunal on 29 April 2009.  The Public Trustee of Queensland

has been appointed to be the administrator for Mr Sablatura

for managing all financial matters except day-to-day finances

and CentreLink payments.

Financial matters are defined in schedule 2 part 1 of the

Guardianship and Administration Act2000 (“the Act”), which

provides that a financial matter for…