In the context of a shipbuilding contract, the High Court gave a much wider meaning to an exclusion of liability for 'any consequential or special losses' than is usually the case. This phrase is often regarded as excluding only losses which arise not as the natural result of the breach in the usual course of things, but as a result of special circumstances specifically known to the parties when the contract was made. Therefore, typically an exclusion of 'consequential loss' excludes relatively little. However, in this decision the Court decided that the parties had exhaustively agreed those categories of loss which were to be recoverable and that liability was therefore excluded for all other losses.
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