Rodriguez & Sons Pty Ltd v Queensland Bulk Water Supply Authority trading as Seqwater (No 28) [2021] NSWSC 467

Rodriguez & Sons Pty Ltd v Queensland Bulk Water Supply Authority trading as Seqwater (No 28) [2021] NSWSC 467

It is appropriate to approve the partial settlement between the plaintiff/group members and SunWater/State of Queensland as it represents a fair and reasonable compromise in light of the risks, complexity, likely costs, and uncertainties of the litigation and on the evidence as to fairness to group members. Suppression/non-publication orders are warranted, being necessary to prevent prejudice to the administration of justice in ongoing or future proceedings with the non-settling defendant, and orders limited to 'until further order' are adequate given the court’s ongoing supervision of the matter.

Parties
Plaintiff: Rodriguez & Sons Pty Ltd; First Defendant: Queensland Bulk Water Supply Authority t/as Seqwater; Second Defendant: SunWater Ltd; Third Defendant: State of Queensland; Funder: Omni Bridgeway Ltd
Jurisdiction
Australia
Judgment Date
04 May 2021
Procedural Posture
Representative Proceedings (class Action) / Application for Approval of Partial Settlement; Consequential and Suppression/non Publication Orders
Outcome
Settlement between group members and SunWater/State of Queensland approved; suppression/non-publication orders granted; consequential orders made as per terms set out in the reasons and orders.
Legal Topics
Representative Proceedings, Settlement Approval, Suppression and Non Publication Orders, Negligence, Flood Damages, Costs and Funding
Civil Procedure Torts Representative Proceedings Settlement Approval Suppression and Non Publication Orders Negligence Flood Damages Costs and Funding

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Parties

Rodriguez & Sons Pty Ltd

Plaintiff

Queensland Bulk Water Supply Authority t/as Seqwater

First Defendant

SunWater Ltd

Second Defendant

State of Queensland

Third Defendant

Omni Bridgeway Ltd

Funder

Procedural Posture

Representative Proceedings (class Action) / Application for Approval of Partial Settlement; Consequential and Suppression/non Publication Orders

Legal Issues

  1. 1 Whether the partial settlement between group members and SunWater/State of Queensland should be approved under s 173 Civil Procedure Act 2005 (NSW)
  2. 2 Whether non-publication orders are necessary and appropriate under the Courts Suppression and Non-publication Orders Act 2010 (NSW)

Ratio Decidendi

It is appropriate to approve the partial settlement between the plaintiff/group members and SunWater/State of Queensland as it represents a fair and reasonable compromise in light of the risks, complexity, likely costs, and uncertainties of the litigation and on the evidence as to fairness to group members. Suppression/non-publication orders are warranted, being necessary to prevent prejudice to the administration of justice in ongoing or future proceedings with the non-settling defendant, and orders limited to 'until further order' are adequate given the court’s ongoing supervision of the matter.

Court Disposition

Settlement between group members and SunWater/State of Queensland approved; suppression/non-publication orders granted; consequential orders made as per terms set out in the reasons and orders.

Orders

  • Confidential evidence and submissions relating to settlement approval to be subject to non-publication (suppression) orders until further order, with specific exceptions for specified persons/entities.
  • Settlement between group members and SunWater/State of Queensland approved pursuant to Civil Procedure Act 2005 (NSW) s 173; settlement terms as per confidential deed/scheme affirmed in evidence.