Current Stage of Case
On 29 November 2019, the Supreme Court of New South Wales found that the claim for negligence, brought by the representative plaintiff against each of the defendants, was proven.
View the Supreme Court Judgment here.
On 3 May 2021, the NSW Supreme Court approved the partial settlement that was reached in-principle on 26 February 2021. The settlement is with two of the three defendants, State of Queensland and SunWater, and resolves their 50 per cent of the liability
for the flood damage suffered by group members.
The other defendant, Seqwater, is not part of the settlement.
On 8 September 2021, the NSW Court of Appeal upheld Seqwater’s appeal and found that Seqwater is not liable in negligence for its operations of Wivenhoe and Somerset Dams during January 2011.
An application for special leave to appeal to the High Court of Australia from this decision was lodged on 6 October 2021.
The special leave hearing date is scheduled for Tuesday, 12 April 2022.
The settlement reached with the State of Queensland and SunWater remains in place.