Rodriguez & Sons Pty Ltd v Queensland Bulk Water Supply Authority t/as Seqwater (No 5) [2015] NSWSC 1771

Supreme Court New South Wales

Medium Neutral Citation: Rodriguez & Sons Pty Ltd v Queensland Bulk Water Supply Authority t/as Seqwater (No 5) [2015] NSWSC 1771 Hearing dates: 19 November 2015 Date of orders: 30 November 2015 Decision date: 30 November 2015 Jurisdiction: Common Law Before: Beech-Jones J Decision: The Court orders that:

(1) The Plaintiff be granted leave to amend the Further Amended Statement of Claim by adding the words "and Group Members" after the words "the plaintiff" in subparagraph 346(c);

(2) The Plaintiff file and serve a Second Further Amended Statement of Claim within 7 days;

(3) Any requirement for the filing of further defences in response to the Second Further Amended Statement of Claim be dispensed with;

(4) On or before 24 January 2016 the plaintiff notify the defendants of the following selected group member whose claims will be determined in whole or in part at the first hearing:

(a) a group member who only suffered loss of the kind referred to in [6(b)] of the Further Amended Statement of Claim;

(b) a group member who only suffered loss of the kind referred to [6(c)] of the Further Amended Statement of Claim;

(c) a group member who held an interest in land and whose use or enjoyment of that land was interfered with by reason of the inundation of other land located downstream of Wivenhoe Dam by flood water from the Brisbane River or Bremer River and their tributaries in the period 9 January 2011 to 24 January 2011 such that they suffered loss and damage;

(d) a group member with a claim for loss and damage that arises from the inundation of land by water from Lockyer Creek;