A SUPREME Court judge has reserved his decision on whether to strike out a Gazette bushfire class action.
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Maddens Lawyers senior class action principal Brendan Pendergast said the application by Powercor to dismiss the class action by 31 plaintiffs was heard by Justice John Dixon in Melbourne on Wednesday.
"The judge reserved his decision. No date has been set for a decision to be handed down," he said.
"There were directions hearings on the four St Patrick's Day bushfire class actions. Submissions were heard and there were no directions as yet."
Mr Prendergast said his general feeling was positive after presenting a strong case.
"It's wait and see now," he said.
When contacted for comment, a Powercor spokeswoman said the company understood the St Patrick's Day fires had been devastating for landowners and the community.
"As this is a matter before court, we are unable to make any further comment," she said.
The Gazette fire was caused by a Eucalyptus tree falling onto a powerline that ran through a blue gum plantation, causing the ignition of nearby vegetation.
The cause of the fire is understood to be agreed by Powercor.
Powercor is arguing that the 31 plaintiffs’ action has no real prospect of success and should be dismissed by the court prior to any hearing.
Mr Pendergast had said the plaintiffs intended to vigorously oppose the Powercor application.
He said if Powercor’s application was successful, victims of the Gazette fire would be unable to claim losses and damage in the courts.
In related news, a leading talkback radio lawyer will address a meeting of St Patrick's Day fire victims at Terang on Thursday next week.
Member for Polwarth Richard Riordan has organised the public meeting for bushfire victims at the Terang Civic Hall between 11am and 1pm on Thursday, October 25.
Independent legal advice will be available from lawyer David Whiting, who is a regular on ABC talkback radio.
Mr Riordan said Warrnambool’s Maddens Lawyers, Powercor and insurance companies all had vested interests and had all provided information to Mr Whiting.