Metropolitan Gas Company v City of Melbourne [1924] HCA 46

186 HIGH COURT

{HIGH COURT OF AUSTRALIA. |

THE METROPOLITAN GAS COMPANY. . APPEI DrFENDANT,

AND

THE MAYOR, ALDERMEN, COUNCILLORS | AND CITIZENS OF THE CITY OF Responp) MELBOURNE |

Pvarntirr,

ON APPEAL FROM THE SUPREME COURT OF VICTORIA.

H.C. or A, Local Government—City of Melbourne—Streets—Construction, maintenance

1924. repair—Gas main in street—Underground drain crossing gas main— Sa to gas main by subsidence of drain—Liability of corporation—Negli Mexnournn, Nuisance—Trespass—Melbourne Corporation Act 1842 (N.S.W.) (6 Oct. 9, 10, No 7), secs. 80, 82, 83—Melbourne Corporation Act Amendment Act

13-15. (Vict.) (16 Vict. No. 38), sec. 2—Metropolitan Gas Company's Act 1878

cna (No. 586), secs. 183, 186, 187, 229, 239. Sypnry, Nov. 19. 'The Metropolitan Gas Co., pursuant to its powers under the Mé Gas Company's Act 1878 (Viet.), before 1883 opened a street in the Isaacs A.C.

Gavan Dui and Starke J.

Melbourne and laid down a gas main, In 1883 the Corporation of the | acting under 6 Vict. No. 7 (N.S.W.) and 16 Viet. No. 38 (Vict.), constr an underground barrel drain along a street at right angles to the gas and in such a way that when completed the gas main was built into the at their intersection. In 1921, by reason of a subsidence of the

gas main was broken. The Company opened the street and repaired main and the Corporation reinstated the drain and roadway. In an by which the Corporation sought to recover from the Company the e such reinstatement, the Company by counterclaim sought to recover | the Corporation the cost of repairing the gas main.

.

C.L.R.] OF AUSTRALIA.

Held, that the liability of the Corporation for the damage to the gas main depended upon negligence in the exercise of its statutory powers causing unnecessary damage to the Company, that the onus of proving such negligence had not been discharged by the Company, and, therefore, that judgment had properly been given for the Corporation.