James Hardy and Co Pty Ltd v The Electricity Commission of New South Wales (t/a Pacific Power)

James Hardy and Co Pty Ltd (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 claim for damages against the Electricity Commission of New South Wales (trading as Pacific Power) (the respondent) arising from the respondent's alleged negligence in the supply of electricity.

The primary legal issue before the Court of Appeal was whether the respondent owed a duty of care to the appellant in relation to the supply of electricity, and if so, whether that duty had been breached, causing the appellant loss. The court was required to consider the nature of the relationship between the parties and the foreseeability of harm.

The Court of Appeal, in its reasoning, affirmed that a supplier of electricity owes a duty of care to its customers to take reasonable steps to ensure the safe and reliable supply of electricity. The court found that the respondent had failed to meet this standard of care, and that this failure directly caused the damage suffered by the appellant. The principles of negligence, including the existence of a duty of care, breach of that duty, and causation of damage, were central to the court's determination.

The appeal was allowed, and the decision of the Supreme Court was set aside. The Court of Appeal ordered that judgment be entered for the appellant, with an assessment of damages to be undertaken.