Where there is a genuine dispute about whether a claim is properly characterised as one for pure economic loss from negligent misstatement or as one for consequential economic loss from negligent provision of professional services, that characterisation question is appropriate for resolution at trial rather than on a summary basis. The 'no real prospect of success' test under s 63 of the Civil Procedure Act 2010 (Vic) does not warrant summary dismissal where the duty of care question depends on factual findings about the nature of the relationship and the salient features of the case.
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