Rodriguez & Sons Pty Ltd v Queensland Bulk Water Supply Authority trading as Seqwater (No 18) [2018] NSWSC 1828

Rodriguez & Sons Pty Ltd v Queensland Bulk Water Supply Authority trading as Seqwater (No 18) [2018] NSWSC 1828

The application to reopen is allowed in part, specifically concerning revised expert reports addressing the appropriateness of inflow discharge figures for Lockyer Creek and output of dam operation simulations with Ickert Variation, because fairness requires the plaintiff be permitted to respond to late raised issues and no significant prejudice or expanded scope will result; the application is otherwise dismissed to preserve finality and avoid further costly and expansive litigation over materiality of alternative modelling.

Jurisdiction
Australia
Judgment Date
30 November 2018
Procedural Posture
Application to Reopen Evidence / Interlocutory Ruling
Outcome
Application to reopen allowed in part, dismissed in part; costs reserved
Legal Topics
['application to Re Open' 'expert Evidence' 'trial Conduct' 'causation' 'costs']
['civil Procedure'] ['application to Re Open' 'expert Evidence' 'trial Conduct' 'causation' 'costs']

Case Brief

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Procedural Posture

Application to Reopen Evidence / Interlocutory Ruling

Legal Issues

  1. 1 ['Whether the plaintiff should be allowed to reopen its case to tender further expert reports from Dr Altinakar.' 'Whether new expert modelling should be admitted regarding inflow discharge figures and dam operation simulations.']

Ratio Decidendi

The application to reopen is allowed in part, specifically concerning revised expert reports addressing the appropriateness of inflow discharge figures for Lockyer Creek and output of dam operation simulations with Ickert Variation, because fairness requires the plaintiff be permitted to respond to late raised issues and no significant prejudice or expanded scope will result; the application is otherwise dismissed to preserve finality and avoid further costly and expansive litigation over materiality of alternative modelling.

Court Disposition

Application to reopen allowed in part, dismissed in part; costs reserved

Orders

  • ["The plaintiff's application to reopen be allowed insofar as it concerns: (a) that part of Dr Altinakar's revised reports dated 9 October 2018 and 22 October 2018 that addresses whether it was appropriate to use the inflow discharge figures for Lockyer Creek immediately upstream of the Rifle Range Road Alert...