Pure Economic Loss – From Caltex to Mallonland and beyond [2026]

2026 will mark the 50th anniversary of the High Court’s decision in Caltex Oil (Aust) Ltd Ltd v Dredge Willemstad (1976) 136 CLR 529.  Since that time the Court has been searching for a unifying criteria to determine when a duty of care will be owed to avoid pure economic loss.  In this session, Richard Cheney SC and Ian Roberts SC examine the path from Caltex Oil to the High Court’s decision in Mallonland Pty Ltd v Advanta Seeds Pty Ltd [2024] HCA 25 to understand how far we have come, and where we are heading.

• 1 CPD Point in Substantive Law