Rodriguez & Sons Pty Ltd v Queensland Bulk Water Supply Authority trading as Seqwater (No 8) [2017] NSWSC 554

Supreme Court New South Wales

Medium Neutral Citation: Rodriguez & Sons Pty Ltd v Queensland Bulk Water Supply Authority trading as Seqwater (No 8) [2017] NSWSC 554 Hearing dates: 3 May 2017 Date of orders: 03 May 2017 Decision date: 03 May 2017 Jurisdiction: Common Law Before: Beech-Jones J Decision: See [39] Catchwords: REPRESENTATIVE ACTION – Queensland Floods – application to strike out statement of claim – alleged defect in failure to plead steps required of flood engineer in pursuing alternative case – alleged failure to plead methodological errors by flood engineers – breaches of duty in December 2010 had no causal consequence – application rejected – experts reports – form of orders necessary to address alleged inconsistencies in reports – no question of principle Legislation Cited: Evidence Act 1995 Uniform Civil Procedure Rules, r 14.28 Cases Cited: Rodriguez & Sons Pty Ltd v Queensland Bulk Water Supply Authority trading as Seqwater [2014] NSWSC 1565 Rodriguez & Sons Pty Limited v Queensland Bulk Water Supply Authority trading as Seqwater (No 3) [2015] NSW SC 838 Category: Principal judgment Parties: Rodriguez & Sons Pty Limited (Plaintiff) Queensland Bulk Water Supply Authority trading as Seqwater (First Defendant/Applicant) SunWater Limited (Second Defendant) State of Queensland (Third Defendant) Representation: Counsel: N Owens SC; JE Taylor (Plaintiff) B O'Donnell QC; D Klineberg (First Defendant) DL Williams SC; H Neal (Second Defendant) GA Thompson QC; JM Horton QC; E Morzone (Third Defendant)