❓ Shadow Minister Ripper questions Premier Barnett on whether the state should settle out of court regarding Western Power's potential negligence in the Toodyay bushfire, given its responsibility as a model litigant. Barnett argues settlement hinges on Western Power admitting negligence, which they deny, and that they are trying to reach an accommodation with insurers.
AnsweredQoN 509Legislative Assembly
QuestionView source ↗
TOODYAY BUSHFIRE — FIRE AND EMERGENCY SERVICES AUTHORITY REPORT
As a supplementary question, does the Premier endorse the comments of the Minister for Energy that the question of Western Power’s negligence has to go to court, or does he concede that the state, with its responsibility to be a model litigant, could settle this matter without it having to be dragged through the courts? Mr C.J. BARNETT
As a supplementary question, does the Premier endorse the comments of the Minister for Energy that the question of Western Power’s negligence has to go to court, or does he concede that the state, with its responsibility to be a model litigant, could settle this matter without it having to be dragged through the courts? Mr C.J. BARNETT
AnswerView source ↗
Whether Western Power was negligent at law can be determined only by the court. Mr E.S. Ripper : It could be settled. It could be the subject of a settlement. Mr C.J. BARNETT : No; there are two issues here. Western Power, if it clearly believed that it was at fault and had been negligent, not just simply that the fire started at the power line, might concede that it was negligent. It has done that in some previous fire situations. Mr E.S. Ripper : It has been directed by previous governments to do that too. Mr C.J. BARNETT : In this case, Western Power does not believe it has been negligent. We are trying to reach some sort of accommodation with the insurers so that people can have an earlier settlement rather than have to rely on what could be a protracted court process. That is the proper solution.
Mr C.J. BARNETT replied: Whether Western Power was negligent at law can be determined only by the court. Mr E.S. Ripper : It could be settled. It could be the subject of a settlement. Mr C.J. BARNETT : No; there are two issues here. Western Power, if it clearly believed that it was at fault and had been negligent, not just simply that the fire started at the power line, might concede that it was negligent. It has done that in some previous fire situations. Mr E.S. Ripper : It has been directed by previous governments to do that too. Mr C.J. BARNETT : In this case, Western Power does not believe it has been negligent. We are trying to reach some sort of accommodation with the insurers so that people can have an earlier settlement rather than have to rely on what could be a protracted court process. That is the proper solution.
Whether Western Power was negligent at law can be determined only by the court. Mr E.S. Ripper : It could be settled. It could be the subject of a settlement. Mr C.J. BARNETT : No; there are two issues here. Western Power, if it clearly believed that it was at fault and had been negligent, not just simply that the fire started at the power line, might concede that it was negligent. It has done that in some previous fire situations. Mr E.S. Ripper : It has been directed by previous governments to do that too. Mr C.J. BARNETT : In this case, Western Power does not believe it has been negligent. We are trying to reach some sort of accommodation with the insurers so that people can have an earlier settlement rather than have to rely on what could be a protracted court process. That is the proper solution.
Mr E.S. Ripper : It could be settled. It could be the subject of a settlement. Mr C.J. BARNETT : No; there are two issues here. Western Power, if it clearly believed that it was at fault and had been negligent, not just simply that the fire started at the power line, might concede that it was negligent. It has done that in some previous fire situations. Mr E.S. Ripper : It has been directed by previous governments to do that too. Mr C.J. BARNETT : In this case, Western Power does not believe it has been negligent. We are trying to reach some sort of accommodation with the insurers so that people can have an earlier settlement rather than have to rely on what could be a protracted court process. That is the proper solution.
Mr C.J. BARNETT : No; there are two issues here. Western Power, if it clearly believed that it was at fault and had been negligent, not just simply that the fire started at the power line, might concede that it was negligent. It has done that in some previous fire situations. Mr E.S. Ripper : It has been directed by previous governments to do that too. Mr C.J. BARNETT : In this case, Western Power does not believe it has been negligent. We are trying to reach some sort of accommodation with the insurers so that people can have an earlier settlement rather than have to rely on what could be a protracted court process. That is the proper solution.
Mr E.S. Ripper : It has been directed by previous governments to do that too. Mr C.J. BARNETT : In this case, Western Power does not believe it has been negligent. We are trying to reach some sort of accommodation with the insurers so that people can have an earlier settlement rather than have to rely on what could be a protracted court process. That is the proper solution.
Mr C.J. BARNETT : In this case, Western Power does not believe it has been negligent. We are trying to reach some sort of accommodation with the insurers so that people can have an earlier settlement rather than have to rely on what could be a protracted court process. That is the proper solution.
Mr C.J. BARNETT replied: Whether Western Power was negligent at law can be determined only by the court. Mr E.S. Ripper : It could be settled. It could be the subject of a settlement. Mr C.J. BARNETT : No; there are two issues here. Western Power, if it clearly believed that it was at fault and had been negligent, not just simply that the fire started at the power line, might concede that it was negligent. It has done that in some previous fire situations. Mr E.S. Ripper : It has been directed by previous governments to do that too. Mr C.J. BARNETT : In this case, Western Power does not believe it has been negligent. We are trying to reach some sort of accommodation with the insurers so that people can have an earlier settlement rather than have to rely on what could be a protracted court process. That is the proper solution.
Whether Western Power was negligent at law can be determined only by the court. Mr E.S. Ripper : It could be settled. It could be the subject of a settlement. Mr C.J. BARNETT : No; there are two issues here. Western Power, if it clearly believed that it was at fault and had been negligent, not just simply that the fire started at the power line, might concede that it was negligent. It has done that in some previous fire situations. Mr E.S. Ripper : It has been directed by previous governments to do that too. Mr C.J. BARNETT : In this case, Western Power does not believe it has been negligent. We are trying to reach some sort of accommodation with the insurers so that people can have an earlier settlement rather than have to rely on what could be a protracted court process. That is the proper solution.
Mr E.S. Ripper : It could be settled. It could be the subject of a settlement. Mr C.J. BARNETT : No; there are two issues here. Western Power, if it clearly believed that it was at fault and had been negligent, not just simply that the fire started at the power line, might concede that it was negligent. It has done that in some previous fire situations. Mr E.S. Ripper : It has been directed by previous governments to do that too. Mr C.J. BARNETT : In this case, Western Power does not believe it has been negligent. We are trying to reach some sort of accommodation with the insurers so that people can have an earlier settlement rather than have to rely on what could be a protracted court process. That is the proper solution.
Mr C.J. BARNETT : No; there are two issues here. Western Power, if it clearly believed that it was at fault and had been negligent, not just simply that the fire started at the power line, might concede that it was negligent. It has done that in some previous fire situations. Mr E.S. Ripper : It has been directed by previous governments to do that too. Mr C.J. BARNETT : In this case, Western Power does not believe it has been negligent. We are trying to reach some sort of accommodation with the insurers so that people can have an earlier settlement rather than have to rely on what could be a protracted court process. That is the proper solution.
Mr E.S. Ripper : It has been directed by previous governments to do that too. Mr C.J. BARNETT : In this case, Western Power does not believe it has been negligent. We are trying to reach some sort of accommodation with the insurers so that people can have an earlier settlement rather than have to rely on what could be a protracted court process. That is the proper solution.
Mr C.J. BARNETT : In this case, Western Power does not believe it has been negligent. We are trying to reach some sort of accommodation with the insurers so that people can have an earlier settlement rather than have to rely on what could be a protracted court process. That is the proper solution.
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