A Western Power contractor is largely liable for destruction wrought by a 2014 bushfire in the Perth Hills region that was sparked by a fallen power pole.
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The blaze in Parkerville, Stoneville and Mt Helena destroyed 57 homes and various outbuildings, partially damaged six homes and burnt 392 hectares.
A class action on behalf of 189 residents affected by the fire was heard in the Supreme Court of WA last year, with Garry and Sandra Elwood the test case plaintiffs.
The court head the jarrah power pole was termite-ridden and had fungal decay, and while it was privately owned and on private land, it was connected to infrastructure owned by state-run utility Western Power and serviced by contractor Theiss.
The woman who owned the property on which the pole stood was also a respondent.
Justice Rene Le Miere ruled on Wednesday that Theiss had been negligent by failing to ensure its line crew properly inspected the pole.
Justice Le Miere said Theiss was liable for 70 per cent of the damages while the landowner had also breached her duty of care and was liable for the remaining 30 per cent.
He dismissed claims against Western Power, saying the utility had discharged its duty of care by contracting Theiss to do the work.
The civil trial and judgment were streamed live on the internet in a first for WA.
Australian Associated Press