Rodriguez & Sons Pty Ltd v Queensland Bulk Water Supply Authority trading as Seqwater (No 22) [2019] NSWSC 1657

Supreme Court New South Wales

Medium Neutral Citation: Rodriguez & Sons Pty Ltd v Queensland Bulk Water Supply Authority trading as Seqwater (No 22) [2019] NSWSC 1657 Hearing dates: 4 – 15 December 2017; 12 – 14 February 2018 (view), 19 – 28 February 2018; 1 – 22 March 2018, 26 – 29 March 2018; 4 – 5 April 2018, 9 – 12 April 2018;16 – 30 April 2018; 1 – 31 May 2018; 4 – 8 June 2018, 12 – 20 June 2018, 25 – 29 June 2018; 4 July 2018, 24 – 31 July 2018; 1 August 2018, 6 – 10 August 2018, 15 – 16 August 2018, 31 August 2018; 14 September 2018, 11 October 2018, 27 – 30 November 2018; 3 – 12 December 2018, 22 February 2019; 11 March 2019, 18 to 20 March 2019. Final written submission – 10 May 2019. Date of orders: 29 November 2019 Decision date: 29 November 2019 Jurisdiction: Common Law Before: Beech-Jones J Decision: Answers to common questions pronounced in accordance with Chapter 15.

(1) The proceedings stand over to 9.30am on 21 February 2020 for directions; and

(2) By no later than 7 February 2020 the parties are to confer as to the further progress of the proceedings. Catchwords: REPRESENTATIVE ACTIONS – property damage arising out of widespread urban flooding from Brisbane River escaping its banks in January 2011 – group defined by reference to ownership or interest in property affected by flooding and whether group members or their insurer signed litigation funding agreement – lead plaintiff owned store affected by flooding – determination of all issues of fact and law affecting lead plaintiff – determination of all issues other than quantum affecting a sample of group members – determination of all issues affecting the respective obligations of the defendants to each other – determination of common questions identified relevant to plaintiff and all or many group members