Brisbane Floods Class Action

Molino Stewart principals Steven Molino and Filippo Dall’Osso recently provided expert evidence on flood damage estimation methodologies to the judicial review associated with the compensation case arising from the class action taken by those affected by flooding downstream of Somerset and Wivenhoe dams in 2011. Property and business owners downstream of the dams had taken their case to the NSW Supreme Court which ruled in 2019 that Sunwater, Seqwater and the Queensland Government were proportionally liable for incremental damages caused to downstream properties due to the way in which the dams were operated during the floods. Sunwater and the Queensland Government accepted the court decision and settled the claims. Seqwater appealed the decision and in September 2021 that appeal was upheld. However, while the appeal was in train, Molino Stewart was asked to provide an expert review of the methodology which had been proposed to estimate the incremental damages caused to each property and business by the operation of the dams compared to an alternative dam operation which would have resulted in less flood damage.