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Blue Mountains class action attracts more litigants

Almost 400 people have registered for a class action over last October’s Blue Mountains bushfires, according to Maddens Lawyers.

“The numbers continue to grow,” senior partner Brendan Pendergast told insuranceNEWS.com.au. “The total claim may exceed $200 million.”

More than 250 people attended a meeting in Springwood, NSW, last week for an update on the action against Endeavour Energy.

The action alleges the Springwood/Winmalee fire started when a poorly maintained tree fell on electrical conductors on October 17. The blaze destroyed 200 homes and damaged about 200 more.

An Endeavour contractor issued hazard notices to two Springwood property owners, asking them to trim the tree. Maddens says state-owned Endeavour was obliged to ensure this was carried out.

Also last week, parties in the case attended a directions hearing in the NSW Supreme Court.

Orders were made for discovery of documents, which Endeavour must produce. There will be a further directions hearing on August 29, but no trial date has been set.

Endeavour denies responsibility for the fires.

It says a duty to remove hazardous trees would involve cutting those capable of falling anywhere on its 23,400-kilometre network of overhead lines.

“This would require the removal of many thousands of trees, involving prohibitive costs and also the destruction of the amenity of the areas serviced” by Endeavour.

Maddens has settled four similar class actions arising from the Black Saturday bushfires in Victoria in 2009.