Rodriguez & Sons Pty Ltd v Queensland Bulk Water Supply Authority trading as Seqwater (No 13) [2018] NSWSC 565

Supreme Court New South Wales

Medium Neutral Citation: Rodriguez & Sons Pty Ltd v Queensland Bulk Water Supply Authority trading as Seqwater (No 13) [2018] NSWSC 565 Hearing dates: 19 April 2018 Date of orders: 02 May 2018 Decision date: 02 May 2018 Jurisdiction: Common Law Before: Beech-Jones J Decision: Save for so much of SEQ.004.041.1838 and SEQ.004.041.3589 as record representations as to the advice received by the First Defendant from the Bureau of Meteorology prior to January 2011, the tender of the documents listed in Annexure A is rejected. Within 7 days, Seqwater prepare redacted versions of Revision 13 of the Manual (SEQ.004.041.1834) and the WSDOS Report (SEQ.004.041.3589) consistent with this judgment. Catchwords: EVIDENCE – business records – reports and manuals prepared years after events subject of proceedings –identification of representation – relevance –whether representation opinion – "so far as the documents contain representations" – tender of bulk of documentary evidence rejected Legislation Cited: Evidence Act 1995 (NSW) Water Supply (Safety and Reliability) Act 2008 (Qld) Cases Cited: Capital Securities XV Pty Ltd (formerly known as Prime Capital Securities Pty Ltd v Calleja [2018] NSWCA 26 Dasreef Pty Ltd v Hawchar [2011] HCA 21 Lithgow City Council v Jackson (2011) HCA 36; 244 CLR 352 Rodriguez & Sons Pty Ltd v Queensland Bulk Water Supply Authority t/as Seqwater (No 11) [2018] NSWSC 368 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)