Rodriguez & Sons Pty Limited v Queensland Bulk Water Supply Authority t/as Seqwater (No 26) [2020] NSWSC 1728

Rodriguez & Sons Pty Limited v Queensland Bulk Water Supply Authority t/as Seqwater (No 26) [2020] NSWSC 1728

Payments from the Premier's Disaster Relief Fund are not deductible from damages as they are charitable payments not intended to benefit the tortfeasor or reduce liability. Emergency Assistance Payments and Essential Household Contents Grants under the NDRRA are not deductible, but Structural Assistance Grant and...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
04 December 2020
Procedural Posture
Representative (class) Action / Post Liability, Determination of Separate Questions and Quantum Issues for Sample Group Members
Outcome
Separate questions answered; some matters stood over for further submissions; directions given for quantification and further evidence
Legal Topics
['deduction of Charitable and Disaster Payments From Tortious Damages' 'flood Litigation' 'representative Proceedings' 'physical Inconvenience Damages' 'interest on Damages']
['torts' 'damages' 'civil Procedure'] ['deduction of Charitable and Disaster Payments From Tortious Damages' 'flood Litigation' 'representative Proceedings' 'physical Inconvenience Damages' 'interest on Damages']

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Procedural Posture

Representative (class) Action / Post Liability, Determination of Separate Questions and Quantum Issues for Sample Group Members

Legal Issues

  1. 1 ["Whether payments received by group members from the Premier's Disaster Relief Fund and the NDRRA should be deducted from damages" 'Correct methodology for assessing cleaning costs' 'Proper treatment of insurance recoveries and broker settlements in calculation of damages' 'Entitlement to damages for physical inconvenience']

Ratio Decidendi

Payments from the Premier's Disaster Relief Fund are not deductible from damages as they are charitable payments not intended to benefit the tortfeasor or reduce liability. Emergency Assistance Payments and Essential Household Contents Grants under the NDRRA are not deductible, but Structural Assistance Grant and Essential Services and Safety Reconnection Scheme grants under NDRRA must be brought to account to the extent that damages for the same loss are pursued. Insurance recoveries and broker settlements are not to be deducted from damages. Methodology for quantifying cleaning costs and final quantum to be determined after further evidence/submissions.

Court Disposition

Separate questions answered; some matters stood over for further submissions; directions given for quantification and further evidence

Orders

  • ["Questions regarding deductibility of disaster relief/NDRRA payments to group members determined as follows: (a) Premier's Disaster Relief Fund payments are not to be deducted; (b) Emergency Assistance and Essential Household Contents Grant (including to Ms Lynette Harrison) not deducted; (c) Structural Assistance...