Bushfire compo case to go ahead
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Mr West's case could set a precedent for other bushfire victims. (ABC News: File photo)
Bushfire victim Wayne West has cleared another hurdle in his fight to sue the New South Wales Government.
Mr West's property in the Brindabellas was burnt out in the 2003 bushfires.
Last year Mr West won the right to sue the NSW Government but the state appealed.
Today the ACT Court of Appeal dismissed that appeal in a two to one decision.
Chief Justice Terence Higgins and Justice Hilary Penfold ruled in favour of Mr West.
Mr West wants to sue the NSW Government on the grounds fire authorities failed to attack the McIntyres Hut blaze when it first started.
The fire ultimately burnt into Canberra destroying almost 500 homes and claiming four lives.
Mr West says he hopes the case can now go to trial.
"The fire on the 9th of January was not a raging inferno which has been started," he said.
"It was a very slow burning fire.
"To consider that there was no one at that fire on the 8th and on the 9th again there was no effort at all and even on the 10th and 11th there was no effort to try to extinguish that fire."
Mr West has called on the ACT Government to pursue similar legal action on behalf of other Canberra bushfire victims.
It is not known at this stage whether NSW will appeal to the High Court.
