Black Saturday class action likely to settle out of court, say lawyers

bushfire

If the class action does not proceed it will be the second Black Saturday court case to settle, following that of Horsham residents. Picture: Taylor Adam
Source: The Daily Telegraph




A CLASS action over the fatal Beechworth/Mudgegonga bushfire on Black Saturday is likely to settle, lawyers told the Supreme Court this afternoon.


The case was due to commence in Wodonga and was expected to run for eight weeks before Justice John Dixon.

Lachlan Armstrong, for lead plaintiff Paul Mercieca, told the court that a “number of matters of principle” had been resolved and the parties need more time to try to put together terms of settlement.

Mr Mercieca and a number of farmers and residents sued SPI Electricity over the bushfire, which ignited at around 6pm on Black Saturday when a power line failed 3km south of Beechworth.

John and Sue Wilson died at Barwidgee Creek near Myrtleford when a massive wall of flame swept over their property while they tried to defend it.

Mr Mercieca and Ms Amelia Coombes claimed damages for personal injuries and damage to their rented farm property and residence.

Around 38 properties were lost in the fire.

If the class action does not proceed it will be the second Black Saturday court case to settle.

Last October, electricity distributor Powercor agreed to pay Horsham residents and businesses up to $40 million for a Black Saturday bushfire that was blamed on an inadequately maintained power line.

Justice Dixon adjourned the case until tomorrow.

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