Aliens

Riverside Centre 123 Eagle Street Brisbane QLD 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

A B N 4 7 7 0 2 595 758

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11 February 2013 Peter Archos Partner Thynne & Macartney GPO Box 245 Brisbane QLD 4001 By Email Strictly Confidential

Dear Mr Archos

Fraser Coast Regional Council ats Allan Land Court Proceedings AQL 627-11
We refer to your letter dated 6 February 2013, in which you 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. We have treated your letter as a request for further disclosure. Your request is far broader than the issues in dispute in the proceeding. Your request seeks disclosure of "any material" and refers simply to the operation of the dam gates and to your clients' property. Whilst you 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 the request. The issues raised in this case do not warrant the 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 not operating as intended. You have not 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 the obligation to disclose any material that came into existence following acquisition. Notwithstanding the above, our client has 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'
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Thynne & Macartney

Aliens > < Linklaters

house and access routes. We 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 client instructs 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 any issue of the gates' inoperability is not relevant.

Youis-siocerely

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Bill McCredie Partner Aliens Bill.McCredie@allens.com.au T+61 7 3334 3049
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Senior Assobh Aliens Eve.Lynch@allens.com.au T +61 7 3334 3274 Faheem Anwar Lawyer Aliens Faheem.Anwar@allens.com.au T +61 7 3334 3223

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