Rodriguez & Sons Pty Ltd v Queensland Bulk Water Supply Authority trading as Seqwater (No 12) [2018] NSWSC 415

Supreme Court New South Wales

Medium Neutral Citation: Rodriguez & Sons Pty Ltd v Queensland Bulk Water Supply Authority trading as Seqwater (No 12) [2018] NSWSC 415 Hearing dates: 29 March 2018 Date of orders: 29 March 2018 Decision date: 04 April 2018 Jurisdiction: Common Law Before: Beech-Jones J Decision: Report of Michael Kane dated 13 January 2017 admitted into evidence save that [65] to [74] to be treated as an assumption, and last two sentences of [164], last sentence of [173] and last sentence of [174] are rejected. Catchwords: EXPERT'S REPORT – hydrometeorologist – whether qualified to express opinions on hydrometerological functions of flood engineers – whether opinions outside pleaded case – no question of principle Legislation Cited: Evidence Act 1995 (NSW), s 79(1), s 135 Cases Cited: Rodriguez & Sons Pty Ltd v Queensland Bulk Water Supply Authority (trading as Seqwater) [2014] NSWSC 1565 Rodriguez & Sons Pty Ltd v Queensland Bulk Water Supply Authority trading as Seqwater (No 9) [2017] NSWSC 1116 Category: Procedural and other rulings Parties: Rodriguez & Sons Pty Limited (Plaintiff) Queensland Bulk Water Supply Authority t/as Seqwater (First Defendant) SunWater Limited (Second Defendant) State of Queensland (Third Defendant) Representation: Counsel: J Sexton SC; N Owens SC; R Yezerski; J Taylor (Plaintiff) B O'Donnell QC; A Pomerenke QC; D Piggott; D Klineberg (First Defendant) D Williams SC; HJA Neal; N Simpson (Second Defendant) GA Thompson QC; JM Horton QC; E Morzone (Third Defendant)