Rodriguez & Sons Pty Limited v Queensland Bulk Water Supply Authority t/as Seqwater (No 23) [2020] NSWSC 650

Rodriguez & Sons Pty Limited v Queensland Bulk Water Supply Authority t/as Seqwater (No 23) [2020] NSWSC 650

No interest is awarded on the amount of damages representing volunteer labour in repairs, as the plaintiff was not kept out of money for that component; apportionment amongst defendants is based on vicarious liability for flood engineers' breaches and qualitative assessment of relative contributions: Seqwater 50%, SunWater 30%, State of Queensland 20%.

Parties
Plaintiff: Rodriguez & Sons Pty Limited; First Defendant: Queensland Bulk Water Supply Authority t/as Seqwater; Second Defendant: SunWater Limited; Third Defendant: State of Queensland
Jurisdiction
Australia
Judgment Date
29 May 2020
Procedural Posture
Consequential Orders (other Than Costs) / Post Principal Judgment; Finalisation of Some Issues; Reserved Costs
Outcome
Judgment for the plaintiff; apportionment of damages among defendants; dismissal of cross-claims except as to costs; reservation of costs.
Legal Topics
Urban Flooding, Property Damage, Vicarious Liability, Interest on Damages, Causal Potency, Joint Tortfeasors, Statutory Apportionment
Tort Negligence Damages Apportionment Representative Action Urban Flooding Property Damage Vicarious Liability +4 more

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Parties

Rodriguez & Sons Pty Limited

Plaintiff

Queensland Bulk Water Supply Authority t/as Seqwater

First Defendant

SunWater Limited

Second Defendant

State of Queensland

Third Defendant

Procedural Posture

Consequential Orders (other Than Costs) / Post Principal Judgment; Finalisation of Some Issues; Reserved Costs

Legal Issues

  1. 1 Whether plaintiff and group members are entitled to pre-judgment interest at default Court rates on damages calculated by reference to volunteer labour.
  2. 2 Appropriate apportionment of liability between defendants for flood damage caused by negligent flood engineers.
  3. 3 Nature and quantification of damages for repairs by volunteer labour.

Ratio Decidendi

No interest is awarded on the amount of damages representing volunteer labour in repairs, as the plaintiff was not kept out of money for that component; apportionment amongst defendants is based on vicarious liability for flood engineers' breaches and qualitative assessment of relative contributions: Seqwater 50%, SunWater 30%, State of Queensland 20%.

Court Disposition

Judgment for the plaintiff; apportionment of damages among defendants; dismissal of cross-claims except as to costs; reservation of costs.

Orders

  • Questions concerning entitlement to pre-judgment interest determined separately and in advance.
  • Common and separate questions as per prior orders determined and answered in accordance with Schedule.