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 9) [2017] NSWSC 1116

The court granted leave for the plaintiff to file a Fifth Amended Statement of Claim containing amendments relating to updated expert evidence and new simulations because these amendments and evidence were of fundamental importance to the plaintiff's case, and it would be unjust to require the plaintiff to proceed on now-disavowed expert opinions. The court found the delay was due to neglect but, balancing the prejudice to the defendants and the significance to the plaintiff, allowed the amendments and expert report on the condition that the plaintiff pay costs thrown away, and specific alternative/contingent pleadings that reserved unfettered rights were disallowed to ensure procedural...

Jurisdiction
Australia
Judgment Date
23 August 2017
Procedural Posture
Representative Proceedings / Interlocutory Application to Amend Statement of Claim and for Leave to Rely on Further Expert Evidence
Outcome
Leave to amend statement of claim and rely on further expert report granted in part; costs thrown away to be paid by plaintiff; application otherwise dismissed.
Legal Topics
['amendment of Pleadings' 'expert Evidence' 'representative Proceedings' 'flood Liability' 'civil Procedure']
['practice and Procedure'] ['amendment of Pleadings' 'expert Evidence' 'representative Proceedings' 'flood Liability' 'civil Procedure']

Case Brief

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Procedural Posture

Representative Proceedings / Interlocutory Application to Amend Statement of Claim and for Leave to Rely on Further Expert Evidence

Legal Issues

  1. 1 ['Whether the plaintiff should be granted leave to amend the statement of claim to include further particulars and simulations arising from an updated expert report' 'Whether leave should be granted to rely on further expert evidence, including new simulations' 'Whether certain forms of alternative or contingent pleading should be permitted' 'The appropriate form of amendment to ensure procedural fairness to defendants']

Ratio Decidendi

The court granted leave for the plaintiff to file a Fifth Amended Statement of Claim containing amendments relating to updated expert evidence and new simulations because these amendments and evidence were of fundamental importance to the plaintiff's case, and it would be unjust to require the plaintiff to proceed on now-disavowed expert opinions. The court found the delay was due to neglect but, balancing the prejudice to the defendants and the significance to the plaintiff, allowed the amendments and expert report on the condition that the plaintiff pay costs thrown away, and specific alternative/contingent pleadings that reserved unfettered rights were disallowed to ensure procedural...

Court Disposition

Leave to amend statement of claim and rely on further expert report granted in part; costs thrown away to be paid by plaintiff; application otherwise dismissed.

Orders

  • ['The plaintiff be granted leave to file a Fifth Amended Statement of Claim containing the amendments set out in Annexure A and Annexure B.' 'Refuse the plaintiff leave to make the amendments set out in Annexure C.' "Otherwise dismiss prayer 1 of the plaintiff's notice of motion filed 21 July 2017." 'Dispense with...