Patsuris v Gippsland and Southern Rural Water Corporation

(2016) 218 LGERA 167; [2016] VSCA 109

Victorian Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › Appeals on questions of law from tribunals
4. › Victorian Civil and Administrative Tribunal
5. › Whether finding of fact open on the evidence
6. › Whether Tribunal misconstrued statutory cause of action
7. › Victorian Civil and Administrative Tribunal Act 1998 (Vic), s 148
1. Water Law
2. › Liability of water authorities
3. › Flow of water from works onto land
4. › Causation
5. › Whether authority responsible for damage by flooding
6. › Whether reverse flow caused by culvert
7. › Whether design to appropriate standard negates intentional or negligent conduct
8. › Water Act 1989 (Vic), s 157
1. Administrative Law
2. › Procedural fairness
3. › Tribunal proceedings
4. › Late filing of supplementary expert reports
5. › Whether failure to address objection to supplementary report constituted denial of procedural fairness
1. Appeal
2. › Leave to appeal
3. › Court of Appeal from Trial Division
4. › Real prospect of success test
5. › Supreme Court Act 1986 (Vic), s 14C

Quick Take

Section 157 of the Water Act 1989 (Vic) provides a freestanding statutory cause of action that does not require a duty of care akin to common law negligence. Where an authority constructs drainage works to an appropriate design standard and a storm exceeds that standard, the mere occurrence of flooding from the works does not alone establish intentional or negligent conduct. New factual contentions not raised before VCAT cannot be raised on appeal under s 148 of the VCAT Act.