Bryan v Maloney and the Queensland Court of Appeal decisions in Fangrove and Woolcock cannot be treated as excluding claims by non-contracting parties against builders or designers of commercial premises for pure economic loss. The vulnerability requirement from Woolcock may operate differently where the claimant and contracting party are related companies rather than arm's length parties. Whether a class of potential claimants is indeterminate is a question of fact, and an operator of a specific plant may constitute a sufficiently determinate class.
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