Jones v Murrumbidgee Irrigation Limited (No 2) [2020] NSWSC 613

Jones v Murrumbidgee Irrigation Limited (No 2) [2020] NSWSC 613

The plaintiffs failed to establish that irrigation water delivered by MI in 2009/10 or later was contaminated, unsuitable for irrigation, or causative of the failure of the rice crops or any harm to land, soil, channels or livestock. The crop failures were found to result from preparation and management factors including landforming and poor soil in cut areas, waterlogging and drainage, inadequate nitrogen, bloodworm attack and possible herbicide issues, while neighbouring farmers successfully grew crops using water delivered through the same system. Accordingly, MI did not breach any duty of care or contractual term, factual causation was not established, and trespass failed because Ms...

Jurisdiction
Australia
Judgment Date
22 May 2020
Procedural Posture
Common Law Proceeding Alleging Breach of Duty of Care/negligence, Breach of Contract, Trespass and Nuisance Concerning Irrigation Water Supplied to a Farming Property / Principal Judgment After Trial
Outcome
Judgment for the defendant.
Legal Topics
['rice Growing and Irrigation Water Quality' 'implied Contractual Terms and Limitation of Liability Clauses' 'duty of Care and Causation Under the Civil Liability Act 2002 (nsw)' 'turbidity, Deoxygenation, Metal Toxicity and Monosulfidic Black Ooze' 'consent to Entry of Irrigation Water Onto Land' 'unconscionability and Misleading or Deceptive Conduct in Relation to Contractual Limitation Clauses']
['agriculture' 'contracts' 'negligence' 'trespass' 'water Management' 'civil Liability'] ['rice Growing and Irrigation Water Quality' 'implied Contractual Terms and Limitation of Liability Clauses' 'duty of Care and Causation Under the Civil Liability Act 2002 (nsw)' 'turbidity, Deoxygenation, Metal Toxicity and Monosulfidic Black Ooze' 'consent to Entry of Irrigation Water Onto Land' 'unconscionability and Misleading or Deceptive Conduct in Relation to Contractual Limitation Clauses']

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Procedural Posture

Common Law Proceeding Alleging Breach of Duty of Care/negligence, Breach of Contract, Trespass and Nuisance Concerning Irrigation Water Supplied to a Farming Property / Principal Judgment After Trial

Legal Issues

  1. 1 ['Whether irrigation water delivered by Murrumbidgee Irrigation Limited to North Corynnia in 2009/10 or later was contaminated, turbid, deoxygenated, toxic or otherwise unsuitable for irrigation.' "Whether any alleged poor water quality caused the failure of the plaintiffs' Reiziq and Illabong rice crops or harm to soil, internal channels, land or livestock." 'Whether Murrumbidgee Irrigation Limited owed and breached a duty of care to take reasonable care in supplying irrigation water, and whether ss 5B, 5D, 5H or 5I of the Civil Liability Act 2002 (NSW) affected liability.' 'Whether terms were implied into the Member Contract, Water Delivery Contract or Water Entitlements Contract requiring irrigation water not to harm land, crops or livestock and whether those terms were breached.' 'Whether contractual limitation clauses excluded or limited liability and whether reliance on them was unconscionable, misleading or deceptive, void for uncertainty or illegal.' 'Whether delivery of irrigation water containing solid matter constituted trespass to land.' 'Whether any claims based on deliveries before 16 November 2009 were statute barred.']

Ratio Decidendi

The plaintiffs failed to establish that irrigation water delivered by MI in 2009/10 or later was contaminated, unsuitable for irrigation, or causative of the failure of the rice crops or any harm to land, soil, channels or livestock. The crop failures were found to result from preparation and management factors including landforming and poor soil in cut areas, waterlogging and drainage, inadequate nitrogen, bloodworm attack and possible herbicide issues, while neighbouring farmers successfully grew crops using water delivered through the same system. Accordingly, MI did not breach any duty of care or contractual term, factual causation was not established, and trespass failed because Ms...

Court Disposition

Judgment for the defendant.

Orders

  • ['Judgment for the defendant.' "The plaintiffs are to pay the defendant's costs as agreed or assessed."]