Rodriguez & Sons Pty Ltd v Queensland Bulk Water Supply Authority t/as Seqwater (No 3) [2015] NSWSC 838

Rodriguez & Sons Pty Ltd v Queensland Bulk Water Supply Authority t/as Seqwater (No 3) [2015] NSWSC 838

The proposed Further Amended Statement of Claim sufficiently identified the breaches alleged and met the requirements for adequate pleadings despite criticisms, as the particulars, cross-references, and class definition were not so deficient as to warrant refusal of leave. Conditions on particulars were imposed for clarity. Leave was therefore granted to file the Further Amended Statement of Claim.

Parties
Plaintiff: Rodriguez & Sons Pty Ltd; First Defendant: Queensland Bulk Water Supply Authority (t/as Seqwater); Second Defendant: Sun Water Limited; Third Defendant: State of Queensland
Jurisdiction
Australia
Judgment Date
24 July 2015
Procedural Posture
Class Action Civil / Interlocutory Application for Leave to File Further Amended Statement of Claim
Outcome
Leave granted to file Further Amended Statement of Claim, subject to conditions on amendments to particulars.
Legal Topics
Class Actions, Pleadings, Negligence, Dam Operation, Floods
Civil Procedure Torts Class Actions Pleadings Negligence Dam Operation Floods

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Parties

Rodriguez & Sons Pty Ltd

Plaintiff

Queensland Bulk Water Supply Authority (t/as Seqwater)

First Defendant

Sun Water Limited

Second Defendant

State of Queensland

Third Defendant

Procedural Posture

Class Action Civil / Interlocutory Application for Leave to File Further Amended Statement of Claim

Legal Issues

  1. 1 Whether the plaintiff should be granted leave to file a Further Amended Statement of Claim in a class action concerning alleged negligent operation of dams
  2. 2 Adequacy of the pleading with respect to identification of alleged acts/omissions, use of cross-referencing to expert reports, and definition of class

Ratio Decidendi

The proposed Further Amended Statement of Claim sufficiently identified the breaches alleged and met the requirements for adequate pleadings despite criticisms, as the particulars, cross-references, and class definition were not so deficient as to warrant refusal of leave. Conditions on particulars were imposed for clarity. Leave was therefore granted to file the Further Amended Statement of Claim.

Court Disposition

Leave granted to file Further Amended Statement of Claim, subject to conditions on amendments to particulars.

Orders

  • Plaintiff granted leave to file a Further Amended Statement of Claim (FASOC).
  • Filing of evidence by the plaintiff extended until 28 August 2015.