A power pole was in a "deplorable" condition before it collapsed, sparking a bushfire in the Hills district which destroyed 57 homes in 2014, a Perth court has been told.
A class action involving 189 residents and property owners against Western Power started today in the Supreme Court.
The residents' lawyer, Lachlan Armstrong, QC, told the court the electricity pole was in a "deplorable" condition due to rot and termite damage, adding that a "modest gust of wind" was enough to cause it to fall.
Mr Armstrong argued even though the pole was on private property, it was Western Power's responsibility.
The court heard the pole should have been assessed by a specialist inspector when work was done in the area only two days before the massive bushfire.
Mr Armstrong said while there were no fatalities from the blaze, the "impact was terrible" with the loss of homes, outbuildings and vehicles.
He told the court that the central question of the case was who was responsible for the pole.
The pole was privately owned, he said, but "ownership is not always the same as responsibility".
He said Western Power's position was that its obligations ended at the "top of the poles", but the poles held up the cables.
Mr Armstrong told the court a specialist inspection would have detected damage and the pole would have been condemned.
The woman who owned the property on which the pole was located, Noreen Campbell, is also being sued, as is contractor Ventia Utility Services.
Ms Campbell said in an affidavit that if someone had told her the pole was her responsibility, she would have had it inspected.
Couple forced to live in shed while home rebuilt
Outside court, the lead plaintiffs, Sandra and Garry Elwood, who lost their home in the fire, said compensation was not their main motivation for being involved in the class action.
Mr Elwood said he hoped the case would prompt change.
"The pole was so badly damaged that I'm amazed that it took this long to fall down," he said.
"That we don't have any regulations on having these poles checked is just criminal.
"The main reason we are doing this is because we live in a community with thousands of poles.
"I can predict right now that there will be more fires and they won't be as lucky as we were."
Sandra Elwood said the couple had lived in a shed until they managed to re-build and were still suffering from the impact of the fire.
"We still haven't got over it and I don't think we will," she said.
The trial is set down for seven weeks.
