Rodriguez & Sons Pty Ltd v Queensland Bulk Water Supply Authority t/as Seqwater (No 7)

The case before the Federal Court involved Rodriguez & Sons Pty Ltd, the plaintiff, and Queensland Bulk Water Supply Authority trading as Seqwater, the defendant. The plaintiff, a civil engineering firm, sought damages for loss of profit and expenses incurred due to alleged breaches of contractual terms by the defendant in relation to a water supply project. The defendant, a statutory body responsible for bulk water supply in Queensland, denied liability and the claim was referred to representative proceedings. The plaintiff applied for discovery of documents to substantiate their claims, which the defendant opposed on the basis that no question of principle was involved.

The court was tasked with determining whether the plaintiff was entitled to discovery of documents that would aid in proving their case and whether the defendant's opposition to the discovery was justified. The legal issues revolved around the scope of discovery in representative proceedings and the criteria for granting discovery where no question of principle was involved. The court examined the relevance of the documents sought, the necessity of the documents for the plaintiff to effectively prosecute their claim, and the proportionality of the burden the discovery would impose on the defendant.

The court found that the plaintiff had made out a prima facie case for the discovery of the documents sought, as they were relevant and necessary for the prosecution of the claim. The court held that the defendant's opposition was not well founded as it did not establish that the documents were not relevant or that the discovery would impose an undue burden. The court granted the plaintiff's application for discovery, emphasising the importance of transparency and access to relevant information in representative proceedings.

The court ordered that the defendant provide the plaintiff with the documents sought within 14 days of the judgment. The plaintiff was also awarded costs of the application. The decision underscored the court's commitment to ensuring that representative proceedings are conducted fairly and efficiently, with adequate access to necessary information for both parties.