Rodriguez & Sons Pty Ltd v Queensland Bulk Water Supply Authority trading as Seqwater (No 18) [2018] NSWSC 1828

Supreme Court New South Wales

Medium Neutral Citation: Rodriguez & Sons Pty Ltd v Queensland Bulk Water Supply Authority trading as Seqwater (No 18) [2018] NSWSC 1828 Hearing dates: 27 November 2018 Date of orders: 30 November 2018 Decision date: 30 November 2018 Jurisdiction: Common Law Before: Beech-Jones J Decision: (1) The plaintiff's application to reopen be allowed in so far as it concerns:

(a) that part of Dr Altinakar's revised reports dated 9 October 2018 and 22 October 2018 that addresses whether it was appropriate to use the inflow discharge figures for Lockyer Creek immediately upstream of the Rifle Range Road Alert presented in paragraph 11 of the fourth affidavit of Terence Malone sworn 9 April 2018;

(b) that part of Dr Altinakar's revised reports dated 9 October 2018 and 22 October 2018 that documents the output of his 2017 Setup when applied to five of Dr Christensen's simulations that incorporate the variation to dam operations suggested by Andrew Ickert in his report bearing the code EXP.SUN.009.0001;

(2) The plaintiff's application to reopen be otherwise dismissed;

(3) The parties confer as to the appropriate directions to give effect to this judgment.

(4) Costs of the application be reserved. Catchwords: PRACTICE AND PROCEDURE – application to re‑open – further expert modelling – no question of principle Legislation Cited: Civil Procedure Act 2005 (NSW) Cases Cited: Aon Risk Services Australia Ltd v ANU (2009) 239 CLR 175; [2009] HCA 27 ASIC v Rich [2006] NSWSC 826 Rodriguez & Sons Pty Ltd v Queensland Bulk Water Supply Authority t/as Seqwater (No 3) [2015] NSWSC 838 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 16) [2018] NSWSC 1223 Smith v New South Wales Bar Association (1992) 176 CLR 256 The Movie Network Channels Pty Ltd v Optus Vision Pty Ltd [2009] NSWSC 132 Urban Transport Authority of NSW v Nweiser (1992) 28 NSWLR 471 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)