Apache Energy Ltd v Alcoa of Australia Ltd [No 2]

In the case of Apache Energy Ltd v Alcoa of Australia Ltd [No 2], the appellants sought to appeal against an interlocutory decision of the General Division of the Supreme Court. The primary judge, Le Miere J, had dismissed the appellants' applications to summarily dismiss the respondent's claims against them for negligence resulting in pure economic loss. The primary dispute centred on contracts for the supply of gas by the appellants to the respondent, which were interrupted. The court was required to determine whether the respondent's claim in negligence was untenable and if summary judgment should be granted in favour of the appellants. The appeal was dismissed by the court, which refused leave to appeal and dismissed the appellants' appeals. The court further ordered that the appellants pay the respondent's costs of the applications for leave to appeal and the appeals, to be taxed if not agreed. The court's reasoning focused on the policy considerations that have historically prevented the recognition of a duty of care in cases involving pure economic loss, and whether those considerations were significant in this case. The court ultimately concluded that the requisite relationship of proximity existed between the parties, and the policy considerations were insignificant.