Sydney Electricity v Moursellas

Sydney Electricity (now EnergyAustralia) appealed to the New South Wales Court of Appeal against a decision of the Supreme Court of New South Wales. The dispute concerned the liability of Sydney Electricity for injuries sustained by Mr Moursellas, who was electrocuted while working on a property. Mr Moursellas had been employed by a contractor engaged by Sydney Electricity to perform work on overhead power lines. The core of the dispute was whether Sydney Electricity owed a duty of care to Mr Moursellas, and if so, whether it had breached that duty.

The Court of Appeal was required to determine whether Sydney Electricity owed a non-delegable duty of care to Mr Moursellas, an employee of an independent contractor, in relation to the performance of inherently dangerous work involving high-voltage electricity. Further, the court had to consider whether, assuming such a duty existed, Sydney Electricity had breached it by failing to ensure that adequate safety precautions were taken by the contractor to prevent the electrocution. The question of causation, specifically whether any breach by Sydney Electricity caused or contributed to Mr Moursellas' injuries, was also central to the appeal.

The Court of Appeal held that Sydney Electricity did owe a non-delegable duty of care to Mr Moursellas. The court reasoned that the work being undertaken was inherently dangerous due to the high voltage electricity, and that Sydney Electricity, as the owner and controller of the power lines, had a responsibility to ensure that such dangerous work was carried out with reasonable care. The court found that this duty extended to ensuring that the contractor employed by Sydney Electricity took all necessary precautions to protect workers from the foreseeable risks associated with the work. The court concluded that Sydney Electricity had breached this duty by failing to adequately supervise the contractor and ensure that appropriate safety measures, such as de-energising the lines or implementing safe work procedures, were in place and followed.

The appeal was dismissed, with the Court of Appeal affirming the decision of the Supreme Court. Sydney Electricity was found liable for the injuries sustained by Mr Moursellas.