WESTERN POWER CORPORATION -v- KOENIG [2004] WASCA 119

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2004] WASCA 119
Case No:	SJA:1080/2002	Heard:	23 OCTOBER 2003
Coram:	STEYTLER J MCLURE J JOHNSON J	Delivered:	14/06/04
No of pages:	22	Judgment Part:	1 of 1
Result:	Appeal against conviction allowed, Conviction quashed, Acquittal ordered
Category:	B
PDF Version

Parties:	WESTERN POWER CORPORATION ALBRECHT ADOLF HEINRICH KOENIG
Catchwords:	Energy and resources Electricity Incident on the Serpentine River in which a derrick attached to a barge struck an overhead conducting line Failure to report accident to the Director of Energy Safety Whether r 63(1) Electrical (Licensing) Regulations 1991 applied to this incident Whether r 63(1) Electrical (Licensing) Regulations 1991 imposed a reporting obligation on the appellant Parties to whom a report was to be made were not required to make a report to each other Words and phrases "Accident" Whether incident was an "accident" within the meaning of r 63 Electricity (Licensing) Regulations 1991 Incident came within definition of "accident" regardless of whether a nonelectrical cause triggered the sequence of events Words and phrases "Aware" Whether appellant was "aware" of the accident for the purposes of r 63(1) Electricity (Licensing) Regulations 1991 Person can still be "aware" of accident even if knowledge is second hand
Legislation:	Electricity Act 1945, s 5(1) Electricity (Licensing) Regulations 1991, reg 3, reg 63
Case References:	Australian Casualty Co Ltd v Federico (1986) 160 CLR 513 Lowndes v The Queen (1999) 195 CLR 665 Victims Compensation Fund Corporation v Brown (2003) 77 ALJR 1797 Brewer v Bayens (2002) 26 WAR 510

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA

IN CIVIL

CITATION : WESTERN POWER CORPORATION -v- KOENIG [2004] WASCA 119 CORAM : STEYTLER J

MCLURE J

JOHNSON J

HEARD : 23 OCTOBER 2003 DELIVERED : 14 JUNE 2004 FILE NO/S : SJA 1080 of 2002 BETWEEN : WESTERN POWER CORPORATION

Appellant

AND

ALBRECHT ADOLF HEINRICH KOENIG

Respondent

ON APPEAL FROM:

Jurisdiction : SUPREME COURT OF WESTERN AUSTRALIA

Coram : E M HEENAN J

Citation Number : [2003] WASCA 31

File Number : SJA 1080 of 2002

(Page 2)

Catchwords:

Energy and resources - Electricity - Incident on the Serpentine River in which a derrick attached to a barge struck an overhead conducting line - Failure to report accident to the Director of Energy Safety - Whether r 63(1) Electrical (Licensing) Regulations 1991 applied to this incident - Whether r 63(1) Electrical (Licensing) Regulations 1991 imposed a reporting obligation on the appellant - Parties to whom a report was to be made were not required to make a report to each other

Words and phrases - "Accident" - Whether incident was an "accident" within the meaning of r 63 Electricity (Licensing) Regulations 1991 - Incident came within definition of "accident" regardless of whether a nonelectrical cause triggered the sequence of events

Words and phrases - "Aware" - Whether appellant was "aware" of the accident for the purposes of r 63(1) Electricity (Licensing) Regulations 1991 - Person can still be…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2004] WASCA 119
Decision Date: 14 JUNE 2004

CaseChat Overview and Summary

Western Power Corporation appealed against a conviction for failing to report an incident where a derrick attached to a barge struck an overhead conducting line on the Serpentine River. The incident was not reported to the Director of Energy Safety, and the Corporation was charged under regulation 63(1) of the Electrical (Licensing) Regulations 1991. The primary legal issue was whether regulation 63(1) applied to this incident and imposed a reporting obligation on the Corporation. Additionally, the court had to determine whether the incident constituted an "accident" under the regulation and whether the Corporation was "aware" of the accident within the meaning of the regulation.

The court held that the regulation applied to the incident and imposed a reporting obligation on the Corporation. The court also found that the incident qualified as an "accident" under the regulation, regardless of whether a non-electrical cause triggered the sequence of events. The court further clarified that a person can still be "aware" of an accident even if their knowledge is second-hand. The court concluded that the Corporation was aware of the accident because its employees were aware of it. Consequently, the appeal was allowed, the conviction was quashed, and an acquittal was ordered.

Orders

Orders of the court

Appeal against conviction allowed, Conviction quashed, Acquittal ordered

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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