This provides details of the pending appeal to the New South Wales Court of Appeal by Seqwater, scheduled to commence on 17 May 2021. SunWater and the State of Queensland have settled their appeals and have agreed to pay the claimants in accordance with 30% liability (SunWater) and 20% (State of Queensland). This is subject to approval by the Court.
Seqwater is maintaining its appeal against the decision of the NSW Supreme Court of November 2019, claiming it was not negligent at all in the operation of the Wivenhoe and Somerset Dams in January 2011 and if it was, its liability is not 50%, as assessed by the Court.
On 29 November 2019, the Supreme Court of New South Wales delivered its judgment on the Queensland Floods Class action in favour of the plaintiff and group members.
SETTLEMENT UPDATE
On 26 February 2021, a partial settlement was reached with two of the defendants, the State of Queensland and SunWater, for $440m.
This covers 50 per cent of the liability for the damage suffered by group members in the class action.
The settlement is subject to approval by the Supreme Court.
The other defendant, Seqwater, is not part of the settlement.
The other defendant, Seqwater, is not part of the settlement.
The appeal proceedings involving Seqwater will continue.
The Notice of Proposed Settlement that was distributed to group members in accordance with orders made by the Supreme Court on 9 March 2021 is available here.
The Notice of Proposed Settlement that was distributed to group members in accordance with orders made by the Supreme Court on 9 March 2021 is available here.
APPEAL UPDATE
The hearing of the appeal proceedings involving Seqwater is scheduled to commence on 17 May 2021 in the NSW Court of Appeal.
The trial of this proceeding commenced in the Supreme Court of New South Wales on 4 December 2017 and concluded in March 2019.
The Court found that the plaintiff and group members suffered loss and damage as a result of the negligent operation of Wivenhoe and Somerset dams during the January 2011 flood in South East Queensland.
A two page summary of the decision is available here, and a copy of the entire written judgment is available here.
This case affects thousands of people and represents a significant victory for everyone who suffered devastating losses as a result of the flood.
The hearing of the appeal proceedings involving Seqwater is scheduled to commence on 17 May 2021 in the NSW Court of Appeal.
The trial of this proceeding commenced in the Supreme Court of New South Wales on 4 December 2017 and concluded in March 2019.
The Court found that the plaintiff and group members suffered loss and damage as a result of the negligent operation of Wivenhoe and Somerset dams during the January 2011 flood in South East Queensland.
A two page summary of the decision is available here, and a copy of the entire written judgment is available here.
This case affects thousands of people and represents a significant victory for everyone who suffered devastating losses as a result of the flood.
KEY DOCUMENTS
You can access copies of the key Court documents below:
Notice of Proposed Settlement
Judgment Summary
Entire Judgment
Fifth Amended Statement of Claim
Defence of the First Defendant
Defence of the Second Defendant
Defence of the Third Defendant
FAQS - YOUR QUESTIONS ANSWERED
WHAT IS THE CLASS ACTION ABOUT?
WHO IS THE CLASS ACTION AGAINST?
HOW WERE THE DAM OPERATORS NEGLIGENT?
HOW MUCH WILL THE CLASS ACTION COST?
WHAT SORT OF DAMAGES CAN BE AWARDED?
WHAT SORTS OF DAMAGES ARE NOT BEING CLAIMED?
WHO IS PART OF THE CLASS ACTION?
THE PROPOSED SETTLEMENT
SETTLEMENT APPROVAL PROCESS
WHAT DO GROUP MEMBERS NEED TO DO?
HOW DO I FIND OUT MORE ABOUT THE CLASS ACTION?
Full details from Maurice Blackburn Lawyers: Click here
