DRE Flashcards
Help remember case facts for DRE Interlocutory (16 cards)
What does paragraph 3 of Simon Ahn Affidavit say?
that loss, denied by Respondent, is alleged to include mortality and under production of parts of Applicant’s olive grove
What does paragraph 4 of Simon Ahn Affidavit say?
Respondent alleges that any loss to Applicant’s grove, which is denied, was caused by Applicant using heavy machinery or excessive watering around System, contrary to instructions
What does paragraph 5 of Simon Ahn Affidavit say?
Informed by Dr El Agua and believe that damage caused to irrigation system by compression or excess watering can be identified by expert examination and/or scientific testing in laboratory.
What does paragraph 6 of Simon Ahn Affidavit say?
Respondent instructed only way to accurately identify cause of failure of System is by removal of portions of system for laboratory examination.
What does paragraph 7 of Simon Ahn Affidavit say?
Samples would require access to grove by specialised technical expert, remove 15 separate 10-metre-long sections from range of sites
What does paragraph 8 of Simon Ahn Affidavit say?
Samples examined in accredited engineering laboratory
What does paragraph 9 of Simon Ahn Affidavit say?
Informed and believe accessing olive grove to take samples of system is necessary for Respondent to gather evidence as to wh use of heavy machinery or overwatering has damaged system.
What does paragraph 1 of Dr El Agua Affidavit say?
Irrigation engineer and expert in design and construction of irrigation system
What does paragraph 2 of Dr El Agua Affidavit say?
Education outline - Bachelor of Science (Engineering), Master’s quals in Irrigation Engineering, post-doctoral research experience considering agricultural irrigation
What does paragraph 3 of Dr El Agua Affidavit say?
Outline of extensive experience
What does paragraph 5 of Dr El Agua Affidavit say?
Common causes of irrigation system malfunction include:
a) compression - where excess surface weight compresses system (e.g. heavy machinery)
(b) exposure to excess surface level water through excess artificial watering or poor drainage - cause water related damage
What does paragraph 6 of Dr El Agua Affidavit say?
Able to identify compression and water related damage in laboratory
What does paragraph 7 of Dr El Agua Affidavit say?
Only way to conclusively identify if irrigation system affected by compression/over-watering is by expert laboratory analysis of adequate samples. NO other way to make determinative evaluation as to extent or impact of compression and water related damage.
What does paragraph 8 of Dr El Agua Affidavit say?
To be effective samples should be taken from at least 15 sites - plan showing proposed sites is attached as annexure RelA A1
What does paragraph 9 of Dr El Agua Affidavit say?
Samples approximately 10 metres in length, removed using hand tools
What does paragraph 10 of Dr El Agua Affidavit say?
Removal of sections of irrigation system will impair overall function, with areas downstream of removal no longer being able to function.
