Rodriguez & Sons Pty Ltd v Queensland Bulk Water Supply Authority trading as Seqwater (No 15) [2018] NSWSC 1019

Supreme Court New South Wales

Medium Neutral Citation: Rodriguez & Sons Pty Ltd v Queensland Bulk Water Supply Authority trading as Seqwater (No 15) [2018] NSWSC 1019 Hearing dates: 14 June 2018 Date of orders: 14 June 2018 Decision date: 04 July 2018 Jurisdiction: Common Law Before: Beech-Jones J Decision: Parts of EXP.SEQ.003.0113 rejected and tender of SEQ.004.036.7950, SEQ.004.036.8522 and SEQ.004.036.7520 rejected Catchwords: EXPERT REPORT – assessment of reasonableness of flood engineer's belief about capacity of dam – reliance on events that post-date flood event – opinion with absence of reasoning – no question of principle Cases Cited: Dasreef Pty Ltd v Hawchar (2011) 243 CLR 588; [2011] HCA 21 Rodriguez & Sons Pty Ltd v Queensland Bulk Water Supply Authority trading as Seqwater (No 9) [2017] NSWSC 1116 Rodriguez & Sons Pty Ltd v Queensland Bulk Water Supply Authority trading as Seqwater (No 10) [2018] NSWSC 149 Vairy v Wyong Shire Council [2005] HCA 62; 223 CLR 422 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)