Consequential loss – the position in Australia

“The 2008 decision by the Victorian Court of Appeal in Environmental Systems Pty Ltd v Peerless Holdings Pty Ltd¹ (Peerless) and the 2009 decision of the New South Wales Court of Appeal in Allianz v Waterbrook² (Waterbrook) are important cases because they demonstrate a significant change in the way Australian courts approach the definition of “consequential loss”. This new approach broadens the scope of the phrase with the effect that categories of loss that may have previously been considered to be part of the liability regime in a contract containing a clause excluding “consequential loss” may no longer be recoverable from a defaulting party.”

Per article by Cameron Ross -  click to link:  A loss of no consequence.