Electricity Disputes Tribunal - 2017

4 judgments
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4 judgments
Citation
Judgment date
November 2017
Tribunal overruled preliminary objection and allowed the complainant to complete evidence before deciding whether a cause of action was disclosed.
Electricity disputes tribunal — Preliminary objection — Whether pleading discloses cause of action — Tribunal to peruse pleadings and annexures; Natural justice — duty to allow parties, especially self‑represented litigant, to present full evidence; Tribunal procedure — statutory flexibility and adjournment to produce documents before dismissing for lack of cause of action.
22 November 2017
August 2017
Distributor not liable for motor damage occurring beyond the meter where consumer’s installation and maintenance caused the fault.
Electricity law – Point of supply – Grid Code: distributor’s duty ends at the meter; consumer responsible for internal wiring and maintenance – vicarious liability not established where internal works done beyond scope of employment – proof of causation and professional diagnosis required for damage claims.
29 August 2017
March 2017
Initial disconnection for suspected meter tampering was unlawful; fraud charge lacked evidential basis; second disconnection lawful.
Electricity law – unlawful disconnection for suspected meter tampering – necessity to promptly test and prove anomalies; Fraud charges – estimate of illegal usage must be evidenced and justified; Disconnection for nonpayment – lawful where outstanding bills exist; Remedies – award of general and aggravated damages, costs, interest.
18 March 2017
Tribunal found unlawful projection of electricity wires over the complainant’s house and awarded damages and costs.
Property law – Trespass to land – projection of objects into the airspace over land; consent/way-leave required for cables; remedial damages for trespass and damage to tree; subsequent removal of offending structure does not negate past trespass.
13 March 2017