Rodriguez & Sons Pty Limited v Queensland Bulk Water Supply Authority t/as Seqwater (No 23) [2020] NSWSC 650

Supreme Court New South Wales

Medium Neutral Citation: Rodriguez & Sons Pty Limited v Queensland Bulk Water Supply Authority t/as Seqwater (No 23) [2020] NSWSC 650 Hearing dates: 29 & 30 April 2020 Date of orders: 29 May 2020 Decision date: 29 May 2020 Jurisdiction: Common Law Before: Beech-Jones J Decision: (1) The following questions are to be determined separately and in advance of all remaining issues in the proceedings:

"Q37a) Are the plaintiff and group members entitled to pre-judgment interest on damages at default Court rates? b) Does the circumstance that group members received gratuitous goods or services affect their entitlement to an award of pre-judgment interest at default Court rates? Q38 Are the plaintiff and the group members entitled to pre-judgment interest on heads of damage for gratuitous services?"

(2) The issues of fact and law set out in the annexure to the orders made on 14 September 2018 and the questions posed by order 1 be determined and answered in accordance with the Schedule to these orders.

(3) Judgment for the plaintiff against the First Defendant in the sum of $126,583.50.

(4) Judgment for the plaintiff against the Second Defendant in the sum of $75,950.10.

(5) Judgment for the plaintiff against the Third Defendant in the sum of $50,633.40.

(6) Save as they permit each defendant to seek contribution from another in relation to any liability each has to pay the plaintiff's or group members' costs, all cross-claims be dismissed.

(7) Direct the parties, on or before 14 July 2020, file an electronic memory device containing all the pleadings, affidavits, exhibits, transcript and submissions in the proceedings as at 1 June 2020.