Land court letter from Allens assume the gates up limitiations to facts and cont.pdf Allens Arthur...

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AliensRiverside Centre

123 Eagle Street

Brisbane QL D 4000 Australia

T+6173334 3000

F +617 3334 3444

www.a I lens.com .a u

CPO Box 7082

Brisbane QLD 4001 Australia

DX 210 Brisbane

Aliens > < LinklatersB N 4 7 7 0 2 5 9 5 7 5 8

11 February 2013

Peter ArchosPartnerThynne & MacartneyGPO Box 245Brisbane QLD 4001

By Email

Strictly Confidential

Dear Mr Archos

Fraser Coast Regional Council ats AllanLand Court Proceedings AQ L 627-11

W e refer to your letter dated 6 February 2013, in which yo u requested provision of any material

relevant to the operation of the dam gates at Lenthalls Dam between 26 and 30 January 2013 as

well as any material relating to your clients' property during that period.

W e have treated your letter as a request fo r further disclosure.

Your request is far broader than the issues in dispute in the proceeding. Your request seeks

disclosure of "any material" an d refers simply to the operation of the dam gates and to your clients'property. Whilst yo u have referenced paragraph 13(b) of the Statement of Facts Issues and

Contentions (SFIC) as being the issue to which the requested documents relate, it is insufficient to

support th e request. The issues raised in this case do not warrant th e disclosure of "any material"

relating to the operation of the gates.

As we have noted in previous correspondence on the issue of disclosure, in particular our letter

dated 15 November 2012, your clients' case appears to be reliant upon and confined to an

allegation that the issue of the failure of the dam gates is confined to the risk present at the time of

acquisition of the crest gates no t operating as intended.

You have no t said anything contrary to that proposition and your clients' SFiC, as particularised,

takes the issue no further.

Upon that basis, documents relevant to the actual operation of the crest gates following acquisition

are not subject to disclosure. A similar remark could be made about th e obligation to disclose any

material that came into existence following acquisition.

Notwithstanding the above, our client ha s been prepared to assist your clients by making

disclosure of all documents which are not subject to legal professional privilege and which are

relevant to upstream impacts, including impacts on the flood immunity of your clients'

OurRef QNMS: EVLB:120210924

fyab A0124238650vl 120210924 11.2.2013

B n i . b c i i i u

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Thynne & Macartney Aliens > < Linklaters

house an d access routes. W e will take our client's instructions about documents which may have

come into existence in relation to the recent flood event.

Further, in an effort to limit the issues in dispute, and for the purpose of this litigation only, our clientinstructs us that it does not contend other than that your clients' injurious affection claim (if it is to

be allowed) should be assessed on the basis that the crest gates remain fully closed during flood

events. On that basis an y issue of the gates' inoperability is not relevant.

Youis-siocerely

/ I

Bill McCredie

PartnerAliens

/Cve^LyhCB---

Senior AssobhAliens

Bill.McCredie@allens.com.au Eve.Lynch@allens.com.auT + 6 1 7 3334 3049 T +61 7 3334 3274

Faheem Anwar

LawyerAliensFaheem.Anwar@allens.com.auT +61 7 3334 3223

fyab A0124238650v1 120210924 11.2.2013 Page 2