Goldsworthy & Goldsworthy v ACTEW Corporation Pty Ltd (Energy and Water)

The matter between the Goldsworthys and ACTEW Corporation Pty Ltd was brought before the Australian Capital Territory Civil and Administrative Tribunal. The Goldsworthys contested a water bill they received from ACTEW, arguing that it was unfairly high due to an undetected water leak. The Tribunal was tasked with determining whether ACTEW Corporation Pty Ltd was liable for the excessive water use that occurred while the leak went unnoticed.

The key issue for the Tribunal to decide was whether ACTEW had a duty to act in a timely manner to detect and repair the leak. The Tribunal examined whether ACTEW's delay in detecting and repairing the leak contributed to the Goldsworthys' excessive water use, and whether ACTEW should be held liable for the resulting high water bill. The Goldsworthys argued that ACTEW had a duty to detect and repair the leak promptly and that the delay resulted in an unfair and excessive water bill. ACTEW, on the other hand, contended that the Goldsworthys were responsible for the excessive water use as they continued to use water on the assumption that there was no leak.

The Tribunal found that ACTEW had a duty to act in a timely manner to detect and repair the leak. The Tribunal held that ACTEW's delay in detecting and repairing the leak contributed to the excessive water use and, therefore, the high water bill. The Tribunal found that ACTEW was liable for the excessive water use that occurred while the leak went unnoticed. The Tribunal ordered that the applicants are to pay $440.40 in full satisfaction of the invoice period.