This just because it's good to see a justifiable class action get up anywhere.
Queensland 2011 floods: thousands of victims win class action over handling of dams
Judge finds in favour of 6,800 residents who sued over management of Wivenhoe and Somerset dams
Australian Associated Press
Fri 29 Nov 2019 12.00 AEDT Last modified on Fri 29 Nov 2019 12.26 AEDT
Inundation from flooding in Brisbane in January 2011. Thousands of Queenslanders have won a class action over the release of water from the Wivenhoe and Somerset dams before and during the floods. Photograph: Dave Hunt/EPA
Almost 7,000 Queenslanders have won a class action over the state’s devastating 2011 floods, with a judge finding they were victims of negligence.
NSW supreme court Justice Robert Beech-Jones found in favour of 6,800 claimants who sued the Queensland government, Seqwater and Sunwater over the scale of the disaster.
Beech-Jones accepted that engineers tasked with managing Wivenhoe and Somerset dams before and during a “biblical” deluge in January 2011 failed in their duty of care.
About 23,000 homes and businesses went under in Brisbane and Ipswich when authorities released huge amounts of water to protect the dams’ structural integrity.
Beech-Jones agreed with victims’ claims that engineers negligently managed the dams and that they did not factor in extraordinary rainfall forecasts in deciding how best to respond to the flood event.
That was despite them being obliged to do so according to the dam manual.
He found that during days of heavy rain, before the peak of the flood on 11 January, dam engineers prioritised keeping downstream bridges open over trying to limit flooding in urban areas.
He said the engineers had “failed to follow the very manual they drafted 18 months earlier”.
No cost decision has been made with the case to return to court in February.
The ruling has been years in the making and was heard in NSW because at the time it was lodged, class actions were not possible in Queensland.