Tepko Pty Limited v Water Board

Negligence – Negligent misstatement - Economic loss - Statutory authority - No statutory obligation to answer queries - Estimate sought and "upper limit" figure provided - Whether duty of care owed - Knowledge of serious purpose - Known reliance - Assumption of responsibility - Whether appreciation of consequences of error - Whether reasonable to rely on "ball-park" figure.

Practice and procedure – Separate trial of issues - Need for clear justification - Difficulties of separate trial of issues - Use of books of documents where status and relevance in the trial are uncertain - Identification of documents in evidence.

Metropolitan Water – Sewerage, and Drainage Act 1924 (NSW), ss 6A, 7, 34A.

Water Board Act 1987 (NSW) – s 5.

Water Board (Corporatisation) Act 1994 (NSW) – s 107.