James Hardie and Company Pty Limited v The Electricity Commission of New South Wales (Trading as Pacific Power)

James Hardie and Company Pty Limited (the appellant) appealed to the New South Wales Court of Appeal against a decision of the Supreme Court of New South Wales. The dispute concerned the appellant's liability for damage caused to certain electrical equipment owned by the Electricity Commission of New South Wales (trading as Pacific Power) (the respondent). The damage arose from a fire that occurred at a substation.

The primary legal issues before the Court of Appeal were whether the appellant had breached its duty of care to the respondent, and if so, whether that breach caused the damage to the respondent's equipment. Specifically, the court had to consider the nature of the duty owed by the appellant, a contractor engaged to perform work at the substation, and the causal link between the appellant's actions and the fire.

The Court of Appeal found that the appellant had breached its duty of care. The court applied the principles of negligence, focusing on the foreseeability of harm and the reasonableness of the appellant's conduct. It was held that the appellant ought to have foreseen the risk of fire arising from the work being undertaken and that the precautions taken were insufficient to mitigate that risk. The court also found that the appellant's breach was the proximate cause of the fire and the subsequent damage to the respondent's equipment.

The appeal was dismissed, and the appellant was ordered to pay the costs of the appeal.