An express statutory provision limiting enforcement of a contract to specified parties (here, s 28(1) of the EastLink Project Act 2004 (Vic)) cannot be overcome by reliance on any common law exception to the doctrine of privity of contract, including any exception that might be drawn from Trident General Insurance Co Ltd v McNiece Bros Pty Ltd. A trial judge's discretionary rulings on the scope of permissible reliance on contractual provisions in the context of tort claims are matters of practice and procedure reviewable only for House v The King error.
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