Western Power and Shire of Bridgetown-Greenbushes sued over bushfire that burned through Bridgetown and Hester

The Shire of Bridgetown-Greenbushes has been accused of negligence over its management of a “substantially dead” red gum tree that fuelled a terrifying bushfire that ripped through 2400 hectares of bush and farmland last year. More than two dozen residents from Bridgetown have banded together to sue Western Power and the shire over the devastating blaze that prompted a mass evacuation, with some locals forced to take refuge by a river. But Shire of Bridgetown-Greenbushes president Jenny Mountford declined to comment on the accusation, telling the Manjimup-Bridgetown Times the matter was in the hands of the shire’s insurers. The raging inferno, sparked on a sweltering 40C day in February 2022, was fanned by gusty winds and burned through an area six times the size of Kings Park within 24 hours of its ignition. And at the height of the blaze, which ripped through the land surrounding Hester and the hills to the east of Bridgetown, more than 250 volunteer firefighters and two water bombers battled to bring it under control. More than a year on, it can be confirmed that 27 plaintiffs have lodged a detailed writ with WA’s Supreme Court, alleging that both Western Power and the Shire of Bridgetown-Greenbushes were negligent in allowing the fire to start. And the heart of that claim is a 28m tall red gum tree standing on the side of Hester Cascades Road, which according to the writ, was “substantially dead”. Nearby was an electricity feeder line. “At around 1.10pm on February 5, 2022 applied wind loads exceeded the residual strength of the tree, causing the tree to collapse,” the claim states. “As the tree fell, it snagged and then snapped the conductor and the earth wire. Molten metal fragments exploded off the conductor or the earth wire ... (and) ignited dry vegetation on the ground, creating a fire.” The claim states that Western Power were likely to be the only ones who attended that road verge to inspect the vegetation, and they had a duty of care to check for possible hazards. But for their breaches, say the plaintiffs, “the tree would have been identified as a hazard tree ... Western Power would have served notice on the shire requiring it to remediate the tree ... (and) the shire would have felled, lopped or otherwise remediated the tree.” The shire is also being sued, with the claim saying they should reasonably have known that the tree had been damaged in a previous 2009 fire, and also had a duty of care to the residents. “The shire had no or no adequate systems for the periodic inspection of shire lands adjacent to powerline easements ... the said failures are to be inferred from the circumstance that the tree was not detected or reported as a hazard,” the writ says. An expert report has been compiled on behalf of the residents and the claim is for damage and economic loss caused, not personal injury. The claim comes in the same week that Western Power appeared in court over the Wickepin-Narrogin blaze, which was sparked the day after the Bridgetown inferno erupted. The building and energy regulator announced Western Power was being hauled into court — and could be up for millions in compensation — after a blaze that destroyed 18,000ha and killed thousands of sheep was caused by lines it knew were a “risk”. A Department of Fire and Emergency Services investigation determined drooping powerlines “coming together” in 40C temperatures caused the fire, with further investigation by the Countryman revealing Western Power was aware there was a risk of “conductor clashing” at the site. When contacted for comment, a Western Power spokesperson said they were “aware a writ has been lodged in the Supreme Court and cannot provide any further comment at this stage due to legal proceedings”.