Rodriguez & Sons Pty Ltd v Queensland Bulk Water Supply Authority trading as Seqwater (No 27) [2021] NSWSC 145

Rodriguez & Sons Pty Ltd v Queensland Bulk Water Supply Authority trading as Seqwater (No 27) [2021] NSWSC 145

The correct measure of damages for cleaning and remediation of property after the Queensland floods is the reasonable commercial cost of that work, not the actual cost incurred or the value of volunteer labour, regardless of whether the work was performed by volunteers or the claimants themselves. Pre-judgment interest is not to be allowed on damages calculated on this basis, nor is interest to be allowed to the extent interest on a subsidised loan used for repairs is already claimed and awarded. Disaster relief payments and insurance are not deductible from quantum. Submissions relying on actual labour expended or minimum cost must be rejected where the aim is to compensate direct...

Jurisdiction
Australia
Judgment Date
26 February 2021
Procedural Posture
Representative Action / Consequential Orders, Quantum and Interest Issues After Principal Judgment
Outcome
Orders made on consequential questions and quantification after principal judgment; damages quantum to be calculated and agreed; notice of motion otherwise dismissed.
Legal Topics
['measure of Damages' 'interest on Damages' 'recovery for Volunteer or Self Repair' 'flood Litigation' 'consequential Orders']
['tort Law' 'civil Procedure'] ['measure of Damages' 'interest on Damages' 'recovery for Volunteer or Self Repair' 'flood Litigation' 'consequential Orders']

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Procedural Posture

Representative Action / Consequential Orders, Quantum and Interest Issues After Principal Judgment

Legal Issues

  1. 1 ['Proper method of assessing damages for cleaning and remediation after flood (top-down/commercial vs bottom-up/volunteer)' 'Entitlement to statutory interest where damages are calculated based on commercial cost or involve subsidised loans' 'Deductibility of disaster relief and insurance payments from quantum of damages']

Ratio Decidendi

The correct measure of damages for cleaning and remediation of property after the Queensland floods is the reasonable commercial cost of that work, not the actual cost incurred or the value of volunteer labour, regardless of whether the work was performed by volunteers or the claimants themselves. Pre-judgment interest is not to be allowed on damages calculated on this basis, nor is interest to be allowed to the extent interest on a subsidised loan used for repairs is already claimed and awarded. Disaster relief payments and insurance are not deductible from quantum. Submissions relying on actual labour expended or minimum cost must be rejected where the aim is to compensate direct...

Court Disposition

Orders made on consequential questions and quantification after principal judgment; damages quantum to be calculated and agreed; notice of motion otherwise dismissed.

Orders

  • ['The question whether interest payable on damages should be reduced because of QRAA/NDRRA loans to group members is to be determined as a separate question.' 'Answered: Where a group member received a loan with an interest subsidy under Part 8 of the Rural and Regional Adjustment Regulation 2000 (Qld) used for...