The High Court has refused an application for special leave against the New South Wales Court of Appeal’s decision in Larsen as trustee for the Larsen Superannuation Fund v Tastec Pty Ltd (formerly Wonders Building Company Pty Ltd) [2025] NSWCA 145 (Tastec Pty Ltd (formerly Wonders Building Company Pty Limited) v Larsen as Trustee for the Larsen Superannuation Fund [2026] HCADisp 10).

In July 2025, we reported on the Court of Appeal’s decision (see here). In that decision, the Court of Appeal held that where a plaintiff’s loss as a result of misleading or deceptive conduct was loss of a contractual benefit (also known as expectation loss), the damages should resemble those for a breach of contract.

The High Court’s refusal to grant leave to appeal affirms the Court of Appeal’s decision meaning that parties claiming damages for misleading or deceptive conduct under the Australian Consumer Law may be entitled to damages for expectation loss in certain circumstances.

The High Court’s special leave refusal can be found here.