Water Corporation v Duckworth

The Supreme Court of Western Australia considered the dispute between the Water Corporation and Mr. Duckworth concerning the Corporation's liability for damage caused by a burst water main. Mr. Duckworth sought damages for the loss of his property, alleging negligence on the part of the Water Corporation in its maintenance of the water infrastructure.

The central legal issue before the Court was whether the Water Corporation owed a duty of care to Mr. Duckworth in relation to the maintenance of its water mains, and if so, whether it had breached that duty, thereby causing the damage suffered by Mr. Duckworth. The Court also had to consider the application of the *Water Services Act 2012* (WA) and any relevant statutory immunities or defences available to the Corporation.

The Court found that the Water Corporation, as the statutory authority responsible for the provision of water services, owed a duty of care to property owners to maintain its infrastructure in a manner that prevented foreseeable damage. Applying principles of negligence, the Court examined the evidence regarding the Corporation's maintenance practices, inspection regimes, and response to known issues with the water main. The Court determined that the Corporation had failed to take reasonable steps to prevent the burst, particularly in light of prior indications of potential problems with the pipe. The Court rejected arguments for statutory immunity, finding that the Corporation's actions fell outside the scope of any such protection.

Consequently, the Court found the Water Corporation liable for the damage suffered by Mr. Duckworth and ordered that the Corporation pay damages to be assessed.