Rodriguez & Sons Pty Ltd v Queensland Bulk Water Supply Authority t/as Seqwater [2014] NSWSC 1565

Rodriguez & Sons Pty Ltd v Queensland Bulk Water Supply Authority t/as Seqwater [2014] NSWSC 1565

The Statement of Claim is struck out as defective because it fails to adequately plead the risk of harm, causation (including specification of dam levels), and improperly includes allegations relating to mental processes as breach of duty; necessary particulars should be included in an amended pleading for defendants to properly meet the case.

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
Jurisdiction
Australia
Judgment Date
07 November 2014
Procedural Posture
Representative Civil Proceeding / Interlocutory Determination; Strike Out, Pleadings
Outcome
Statement of Claim struck out with leave to amend; associated interlocutory orders issued.
Legal Topics
Strike Out Pleadings, Negligence, Representative Proceedings, Pleadings, Duty of Care, Breach of Duty, Causation, Civil Liability Act
Civil Procedure Tort Law Strike Out Pleadings Negligence Representative Proceedings Pleadings Duty of Care Breach of Duty +2 more

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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

Procedural Posture

Representative Civil Proceeding / Interlocutory Determination; Strike Out, Pleadings

Legal Issues

  1. 1 Whether the Statement of Claim is defective and liable to be struck out
  2. 2 Whether greater specificity is required in pleading duty, breach, causation, and class definition
  3. 3 Whether mental process allegations constitute breach of duty

Ratio Decidendi

The Statement of Claim is struck out as defective because it fails to adequately plead the risk of harm, causation (including specification of dam levels), and improperly includes allegations relating to mental processes as breach of duty; necessary particulars should be included in an amended pleading for defendants to properly meet the case.

Court Disposition

Statement of Claim struck out with leave to amend; associated interlocutory orders issued.

Orders

  • Statement of Claim filed 8 July 2014 struck out pursuant to r 14.28 of the UCPR
  • Plaintiff granted leave to file and serve amended Statement of Claim and particulars by 13 February 2015