Rodriguez & Sons Pty Ltd v Queensland Bulk Water Supply Authority trading as Seqwater (No 16)

In this case, Rodriguez & Sons Pty Ltd took legal action against the Queensland Bulk Water Supply Authority, trading as Seqwater, in the Queensland Civil and Administrative Tribunal. The dispute centred around a contractual dispute involving the construction of a new dam wall and a water pipeline. Rodriguez & Sons Pty Ltd claimed damages for breach of contract, while Seqwater denied any liability.

The primary legal issue before the tribunal was whether an expert report prepared by an expert witness for Rodriguez & Sons Pty Ltd, which contained a revised opinion after the original expert had been deposed, should be admitted as evidence. The tribunal needed to determine whether the revised opinion was admissible under the rules of evidence and if the late disclosure of the revised opinion constituted an unfair surprise to Seqwater. Additionally, the tribunal had to assess whether the revised opinion was relevant to the issues in the case and whether it assisted in resolving the dispute.

The tribunal held that the revised opinion was admissible, as it did not involve a change in the underlying facts or evidence upon which the expert had formed their opinion. The tribunal further found that the late disclosure of the revised opinion did not unfairly surprise Seqwater, as the expert had already provided their original opinion and the revised opinion was a natural extension of that opinion. The tribunal concluded that the revised opinion was relevant and assisted in resolving the issues in the case, particularly in relation to the cause of the dam wall failure and the water pipeline issues.

As a result, the tribunal admitted the revised expert opinion as evidence and proceeded to consider it in determining the merits of the case. The tribunal found in favour of Rodriguez & Sons Pty Ltd and awarded damages for breach of contract.