No compensation for consequential loss
348 No compensation for consequential loss
Statutory compensation for the loss of property is limited to an amount equal to the notional value of the property.
Statutory compensation for damage to property is limited to an amount equal to the notional reduction in value of the property.
In particular, compensation for loss of or damage to property does not include compensation for loss flowing as a direct or indirect consequence of the loss or damage.
Without limiting subsection (3), compensation for loss of or damage to property does not include compensation for any of the following—
any loss of anticipated or actual revenue or profits;
loss of use of equipment;
business interruption, or a failure to realise anticipated savings;
loss of data;
downtime costs or wasted overheads;
loss of goodwill or business opportunity;
loss or damage suffered because of a breach of contract.
Also, compensation for loss of or damage to property does not include compensation in the form of, or that is in the nature of or is analogous to, any of the following—
reimbursement of additional expenses incurred;
punitive or exemplary damages;
special damages, or damages for indirect loss or damage of any nature whatsoever.
This Act’s bill:Explanatory memorandumSecond reading speech
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