Courts v Essential Energy (aka Country Energy) [2014] NSWSC 1483

Courts v Essential Energy (aka Country Energy) [2014] NSWSC 1483

Country Energy owed a duty to take reasonable care in the design and construction of the high voltage uninsulated power line to avoid injury from contact with it during foreseeable uses of the rural property. Reasonable care required a ground clearance of at least 6 metres, consistent with its own design and the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
29 October 2014
Procedural Posture
Torts Negligence Personal Injury Damages Claim / Principal Judgment After Hearing
Outcome
Judgment for the plaintiff against both defendants in the sum of $656,542 after a 40% reduction for contributory negligence; the first defendant is liable for two-thirds and the second defendant for one-third; costs reserved.
Legal Topics
['duty of Care of Electricity Authority' "occupier's Liability" 'joint Tortfeasors' 'contributory Negligence' 'apportionment' 'economic Loss' 'non Economic Loss']
['torts' 'negligence' 'personal Injury' 'damages'] ['duty of Care of Electricity Authority' "occupier's Liability" 'joint Tortfeasors' 'contributory Negligence' 'apportionment' 'economic Loss' 'non Economic Loss']

Source-derived case record

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Procedural Posture

Torts Negligence Personal Injury Damages Claim / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether Country Energy owed and breached a duty of care in designing and constructing an uninsulated high voltage overhead power line with sufficient ground clearance.' "Whether Country Energy's negligence caused the plaintiff's injuries." 'Whether Mr Ridge, as occupier of Wapweelah, breached his duty of care to the plaintiff by allowing unloading under or near the power line.' 'Whether the plaintiff was contributorily negligent by parking and working under the power line.' 'How liability should be apportioned between the defendants and what damages should be awarded.']

Ratio Decidendi

Country Energy owed a duty to take reasonable care in the design and construction of the high voltage uninsulated power line to avoid injury from contact with it during foreseeable uses of the rural property. Reasonable care required a ground clearance of at least 6 metres, consistent with its own design and the foreseeable use of large high vehicles on the property; its failure to construct the line to that clearance was negligent and caused the accident. Mr Ridge, as occupier, owed and breached a duty to take reasonable care by failing, through his station manager, to direct the plaintiff not to unload sheep with any part of the truck under the power line. The plaintiff was...

Court Disposition

Judgment for the plaintiff against both defendants in the sum of $656,542 after a 40% reduction for contributory negligence; the first defendant is liable for two-thirds and the second defendant for one-third; costs reserved.

Orders

  • ['Judgment for the plaintiff against the defendants in the sum of $656,542 (the judgment sum).' 'Declare that liability for the judgment sum be apportioned such that the first defendant is liable for two-thirds of the judgment sum and the second defendant is liable for one-third of the judgment sum and determine the...